RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00160
			COUNSEL:  NONE
   			HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that the type of discharge he received was medical rather 
than honorable.  

2.  His rank be changed from Senior Airman (SrA) to Staff Sergeant (SSgt). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 18 December 2001, while serving on active duty, he had a stroke.  He would like his DD Form 214 corrected so that he is entitled to base privileges.

His DD Form 214 reflects his rank as a SrA; however, he was a SSgt.   

In support of his request, the applicant provides his DD Form 214, medical records and various other documents associated with his request.   

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 20 January 2000, the applicant was honorably discharged in the grade of SrA. 

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Advisor recommends denial.  The Medical Advisor states the applicant was a Traditional guardsmen at the time of his injury; however, he was
 not on active duty, on Inactive Duty for Training (IDT), or traveling to or from duty performance.  The Medical Advisor states that he wishes he was 
empowered to make the changes requested and offer compensation; however, the Board is prohibited by law from offering compensation for a medical condition 
that is not a “Duty Related Impairment.”

The complete BCMR Medical Advisory is at Exhibit B.   

ARPC/DPT recommends denial.  DPT states that the applicant’s promotion effective date to the rank of SSgt was 5 Feb 2000, which was after his release from 
active duty.  There is no evidence to support there was an error or injustice and his DD Form 214 reflects the correct rank. 

The complete DPT evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 April 2013 for review and comment within 30 days (Exhibit D).  As of this date, 
this office has not received a response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant's complete 
submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and 
adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied 
without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered 
with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-00160 in Executive Session on 26 Sep 2013 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 24 Sep 2012, w/atchs.
Exhibit B.  Letter, Medical Advisor, dated 9 Apr 2013
Exhibit C.  Letter, ARPC/DPT, dated 13 Mar 2013.
Exhibit D.  Letter, SAF/MRBR, dated 10 Apr 2013.
1 2