RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00382

	COUNSEL:  NONE 
	
	HEARING:  NO

APPLICANT REQUESTS:

His honorable discharge be changed to a medical separation.

APPLICANT CONTENDS:

His true disability was concealed, and not taken into account at the time of his out-processing.  He suffered a head injury while on active duty, but now he cannot receive Department of Veterans Affairs (DVA) benefits.    The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served as an Airman Basic.   

On 23 Sep 75, the applicant's commander notified him he was recommending him for discharge for being a marginal or nonproductive performer.   The reasons for taking this action were: (1) on 5 Jun 75, he received a letter of reprimand (LOR) for failure to have his room ready for inspection for the second time in two weeks, and (2) on 25 Aug 75, he received non-judicial punishment (Article 15) for failure to go at the time prescribed to his appointed place of duty.  

 The applicant acknowledged receipt of the notification of discharge, and was afforded the opportunity to consult with counsel and submit statements in his own behalf.  The discharge authority approved the separation and directed an honorable discharge.  

On 1 Oct 75, the applicant was honorably discharged under the provisions of AFI 39-10, Separation Upon expiration of Term of Service, for Convenience of Government, Minority, Dependency, and Hardship, Chapter 3, Section B, paragraph 3-8(1), (Marginal Performers), and was credited with 10 months and 18 days of service.

On 24 Sep 13, information on clemency and a request for post-service information was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office. (Exhibit D)

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and E.

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denying the application.  The applicant's abilities, personality and aptitudes made him a marginal performer.  Attempts to rehabilitate him were unsuccessful. The applicant had to be counseled on several occasions due to this non-compliance with Air Force directives and standards.  The applicant's constant disregard for authority classified him as a "trouble-maker" who always blamed the established Air Force standards for his misconduct.  The applicant lied to his supervisor and commander on several occasions, even when he was under oath.  The applicant neglected to adequately support his dependent wife and failed to discharge his financial responsibilities to his creditors.  There was no error or injustice in the discharge process.  Recommend denial.  The complete advisory is at Exhibit C.

BCMR Medical Advisor recommends denying the application.  The applicant is appealing for a medical discharge.  As such, it is necessary for the applicant to show evidence the alleged entry or omission in the record was an error or injustice.  No medical documentation was included in records provided for review to establish any bases for an unfitting medical condition required for a medical discharge.  Therefore, recommend denial.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 10 May 18 for comment (Exhibit F), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPSOR and BCMR Medical Advisory and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS: 

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board. 

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2013-00382 in Executive Session on 20 Jun 18:

Panel Chair
Member
Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, AFPC/DPSOR, dated 19 Mar 13.
Exhibit D:	Clemency Letter, AFBCMR, dated 24 Sep 13. 
Exhibit E:  Advisory, BCMR Medical Advisory, dated 26 Mar 18.
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 10 May 18.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.
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