RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02772 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His records reflect the correct spelling of his middle name. (Will Be Administratively Corrected) 2. His type of separation be changed from “Entry Level Separation” to “Honorable.” APPLICANT CONTENDS THAT: He has a 60 percent service connected disability rating. The Board should find it in the interest of justice to consider his untimely application because he needs an honorable discharge to receive state benefits. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 10 November 1998, the applicant enlisted in the Regular Air Force. On 29 December 1998, the applicant’s commander notified him that he was recommending he be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.14, with an “Entry Level Separation.” The specific reason for this action was based on a medical summary dated 22 December 1998 [sic], stating he did not meet minimum medical standards to enlist and should not have been allowed to join the Air Force because of knee pain status post patellar dislocation. On 29 December 1998, the applicant acknowledged receipt of the discharge notification and indicated that he waived his option to consult counsel and his right to submit statements in his behalf. On 31 December 1998, the discharge authority directed the applicant be administratively discharged with an “Entry Level Separation.” On 4 January 1998, the applicant received an “Entry Level Separation” with uncharacterized service. His narrative reason for separation is “Failed Medical/Physical Procurement Standards.” He was credited with 1 month and 26 days of active service. In a letter dated 25 August 2014, AFPC/DPSIRP advised the applicant his middle name would be administratively corrected. An action order dated 24 June 2015, was submitted to AFPC/DPSOR and administrative correction will occur after Board action. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR) and the BCMR Medical Consultant, which are attached at Exhibits C - E. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicant’s request to change his entry level separation to an honorable discharge indicating there is no evidence of an error or an injustice. Medical authorities concluded the applicant had a pre-existing medical condition which would have precluded him from enlisting in the Air Force had this condition been made known in advance. The applicant was only on active duty for 50 days when the discharge action was initiated; therefore, in accordance with AFI 36-3208, he must be separated with an entry level discharge. Airmen are given entry-level separation or uncharacterized service characterizations when separation is initiated in the first 180 days of continuous active service. The Department of Defense determined if a member served less than 180 days of continuous active service; it would be unfair to the member and the service to characterize their limited service. A complete copy of the DPSOR evaluation is at Exhibit C. AETC/SGPS recommends denial of the applicant’s request to change his entry level separation to an honorable discharge. The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge. The discharge to include the type of separation was appropriately administered and within the discretion of the discharge authority. The applicant dislocated his right patella in 1996 and was cleared by the Military Entrance Processing Station Chief Medical Officer to enter the service. On 23 November 1998, he reported to the medical clinic complaining of bilateral knee pain. He was prescribed Motrin and was returned to training. He returned to the clinic on 24 November 1998 and 3 December 1998, indicating there was no change in his symptoms or pain. An orthopedic consultation determined that his knee pain was due to an aggravation of a previous knee injury and “existed prior to service,” and that he would be separated from service. He stated he understood the diagnosis and treatment plan. Subsequently he was processed for an entry level separation. A complete copy of the SGPS evaluation is at Exhibit D. The BCMR Medical Consultant recommends denial of the applicant’s request for an honorable discharge. The applicant was cleared to enter military service after an orthopedic evaluation, despite the clinical history of knee dislocations from the past. He may not have experienced symptoms immediately prior to entering military service until performing the “low crawl” activity during Basic Military Training. The applicant’s knee complaints may have progressed since leaving military service. However, without arthroscopic or MRI evidence of cartilage or ligamentous damage at or about the time of the applicant’s separation, it is virtually impossible to now determine whether the applicant’s physical activities at the time of his service resulted in permanent damage, or accelerated degenerative changes within his knees, above and beyond the expected natural progression of the disorder. Consequently, the applicant has not met the burden of proof of a permanent worsening of his knee functioning as a result of activities during his brief period of service. Had the applicant met a Medical Evaluation Board and was found unfit, his disability rating at the time, based upon history and physical findings, is unlikely to have exceeded a 20 percent disability rating; under analogous VASRD code 5099-5003, for symptoms akin to degenerative joint disease. Thus, the fact that the applicant has since received a 60 percent disability rating from the Department of Veterans Affairs (DVA) has no bearing upon the severity of his condition(s) at the time of discharge; as the DVA is authorized, under Title 38, United States Code, to periodically adjust disability ratings as the level of impairment from a given medical condition may vary [improve or worsen] over the lifetime of the veteran. The Consultant also notes the applicant’s case has not been timely filed. A complete copy of the BCMR Medical evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 18 June 2015, copies of the Air Force and BCMR Medical evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552, Correction of Military Records and AFI 36-2603, Air Force Board for Correction of Military Records. The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. Additionally, we agree with the recommendation to amend the applicant’s records to reflect the correct spelling of his middle name. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered AFBCMR Docket Number BC-2014-02772 in Executive Session on 4 August 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02772 was considered: Exhibit A. DD Form 149, dated 7 July 2014. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOR, dated 22 September 2014. Exhibit D. Memorandum, AETC/SGPS, dated 18 November 2014. Exhibit E. Memorandum, BCMR Medical Consultant, dated 27 May 2014. Exhibit F. Letter, SAF/MRBR, dated 18 June 2015.