RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00468

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His discharge be changed to a medical discharge.

APPLICANT CONTENDS THAT:

Injuries to his left/right knees and back, while he was on active duty, led to his discharge with less than 20 years toward retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Reserve Staff Sergeant.  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:

BCMR Medical Advisor recommends denying the application.  While the applicant was medically disqualified for worldwide duty, there is no evidence of unfitness for continued military service.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 20 Jul 16 for comment (Exhibit D), but has received no response.

AIR FORCE EVALUATION:

NGB/SG recommends denying the application.  The applicant was medically cleared to enlist in the Air National Guard with a history of Bilateral Knee Chondromalacia.  No evidence was provided to demonstrate service aggravation of the condition to meet medical retirement eligibility criteria.  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 7 Aug 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

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 rationales and recommendations of the BCMR Medical Advisor and NGB/SG 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 THAT:

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-2016-00468 in Executive Session on 9 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Jan 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, BCMR Medical Advisor, dated 22 Jun 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Jul 16.
Exhibit E:	Advisory opinion, NGB/SG, dated 25 Jul 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 7 Aug 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.