RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03137

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His medical records be corrected to reflect the injury to his right leg occurred in service and there was no injury to his left leg prior to service.

APPLICANT CONTENDS THAT:

He did not have any injuries to his legs prior to service.  While in service, he injured his right leg not his left leg, playing football.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 3 Aug 70.

On 27 Aug 70, a Medical Evaluation Board (MEB) diagnosed the applicant with old lateral collateral and anterior cruciate ligament tear of the left knee and chondromalacia, bilateral.  These conditions were determined to have existed prior to service.  The MEB recommended the applicant be discharged.

On 27 Aug 70, the applicant requested to be discharged and on 1 Sep 70, the discharge authority directed he be honorably discharged.

On 2 Sep 70, the applicant received an honorable discharge, and was credited with one month of total 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:

AFMOA/SG recommends denial indicating there is no evidence of an error or an injustice.  There is no evidence in the applicant’s health history that describes an injury to his right leg versus left or that his left leg injury did not exist prior to service.  Information contained within the applicant’s medical record state that he presented initially with painful knees, sequential documentation indicates with injury to left leg deriving from an old football injury.· The initial evaluation in Orthopedic Clinic indicates, "patient with giving out, swelling, pain in left greater than right knee since old football injury.”

A complete copy of the AFMOA/SG evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides no written response, however, in support of his application, he provides copies of a cover letter from the Disabled American Veterans Regional Office indicating they represent the applicant in his appeal of his Department of Veterans Affairs claim and they attached pertinent documents in support of his appeal.  The applicant also provides copies of excerpts from his service medical records; VAF 07-3101, Veterans Administration Request for Information; and medical records from his orthopedic physician. 

The applicant’s complete response, with attachments, is at Exhibit E. 

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note 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.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2015-03137 in Executive Session on 13 Oct 16 under the provisions of AFI 36-2603:

				  , Panel Chair
					, Member
					    , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFMOA/SG, undated, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 12 Apr 16.
	Exhibit E.  Letter, Applicant, undated, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.