RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00100 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her discharge with uncharacterized character of service be changed to a medical discharge.

APPLICANT CONTENDS THAT:
She was told she was receiving a medical discharge. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
On 11 Feb 98, the applicant entered the Regular Air Force.
On 8 Mar 98, the applicant was notified of her recommendation for separation under erroneous enlistment, based on a medial narrative summary for not meeting medical standards to enlist.

On 8 Mar 98, the applicant acknowledged receipt of this action and declared she waived her right to counsel and waived her right to submit statements on her own behalf.

On 9 Mar 98, the discharge authority approved the separation, under the basis for erroneous enlistment, with the type of discharge being entry level separation.

On 10 Mar 98, the applicant was furnished an entry level separation, with uncharacterized service, and was credited with one month of active service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:
AFBCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice. Errors in the enlistment process occur when the Air Force does not have the true facts or does not take the right action. An airman is subject to discharge from an erroneous enlistment, reenlistment, or an extension of an enlistment.” DoDI 6130.03, Medical Standards for Appointment, Enlistment or Induction in Military Services, list disqualifying medical conditions for military services and states, “Current or history of [a sexually transmitted viral disease], if of sufficient severity requiring frequent intervention or to interfere with normal function.”

A review of service records indicate the narrative summary for administrative separation indicates the applicant was found to have a disqualifying medical condition approximately 1 week after starting basic military training. Medical documentation from a civilian medical provider documents an unprotected sexual encounter prior to enlistment and a subsequently medical diagnosis on or around 22 Feb 98.

The applicant’s condition of [a sexually transmitted viral disease] has an incubation period of approximately three weeks to several months. The medical reviewer concludes, based on the medical documentation from the civilian provider and the subsequent onset of symptoms a little more than one week after enlistment, that the preponderance of evidence supports infection with this disease prior to enlistment. Furthermore, the medical reviewer finds no error or injustice with implementation of an entry level separation. More importantly, there is no administrative or clinical basis for a medical discharge in view of the disqualifying diagnosis. AFI 36-3208, Administrative Separation of Airmen, states airmen are in entry level status during the first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days of active service.

It is recommended to deny the applicant request for a medical discharge.

A complete copy of the AFBCMR Medical Consultant evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14 Oct 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. 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 and Air Force Instruction 36-2603. 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.

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-2015-00100 in Executive Session on 19 Nov 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00100 was considered:

Exhibit A.	DD Form 149, received 12 Jan 15. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, SAF/MRBC, dated 14 Sep 15. Exhibit D.	Letter, SAF/MRBR, dated 14 Oct 15.