RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01316

	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

His honorable discharge with severance pay be changed to a medical retirement.  

APPLICANT CONTENDS THAT:

He should have received a medical retirement due to his physical injuries coupled with his depression/Post Traumatic Stress Disorder (PTSD).  He was never medically rated for his depression/PTSD from his accident and surgeries.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was honorably discharged with severance pay on 5 Aug 87.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denying the application.  The application was not filed in a timely manner.  Notwithstanding timeliness, a review of the evidence provided revealed no error or injustice occurred during the processing of the applicant’s disability case.  He was entered into the Disability Evaluation System (DES) in May 87 for Chondromalacia Patella, left knee, Accessory Ossicle with Patella Tendonitis secondary to Osgood-Schlatter’s disease as an adolescent.  Status post excision, and right medial meniscal tear.  Status post right medial plica synovialis excision.  The Informal Physical Evaluation Board (IPEB) reviewed his case and applied a 20 percent disability rating per the Veterans Administration Schedule for Rating Disabilities (VASRD), which resulted in a recommendation of discharge with severance pay for Status post 29 Jan 87 bilateral surgery on knees for excision of medial synovial plica on the right and excision of a tibial tubercle accessory on the left.  On 9 Jun 87 the applicant stated his non-concurrence on an AF Form 1180 and requested an appearance before the Formal PEB (FPEB).  On 2 Jul 87 he signed a second AF Form 1180 concurring with the IPEB recommendation canceling the FPEB, stating he agreed with the findings and recommended disposition of the IPEB.
He was discharged 5 Aug 87.  The complete advisory is at Exhibit C.

AFBCMR Psychiatric Consultant recommends denying the application.  The applicant has not met the burden of proof of error or injustice that warrants the desired change of his record.  The applicant never received a mental health diagnosis during his career and there was only references to the applicant’s headaches and loss of sleep, which were later attributed to his pain and pain medication.  There were only four visits to Mental Health and no evidence to support the presence of a mental health condition that interfered with the performance of his duties.  Evidently, he has had mental health issues from 2012 (some 25 yrs after his discharge) to the present, but these would fall within the disability guidelines of the DVA and not the Air Force.  An assessment done in 2012 would not apply to a much earlier time period.  Consequently, none of the evaluations or letters from the 2012 or later would have any bearing on the applicant’s level of fitness in 1987. The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluations to the applicant on 15 Feb 18 for comment (Exhibit E), and the applicant replied on 13 Mar 18.  In his response, the applicant concurs with statements made by AFPC/DPFDD, but he reiterates his allegation that errors were made and an injustice performed due to his depression/PTSD being excluded from his medical information.  He argues that the doctor’s notes on his SF 93 notes/supports his allegation.  In support of his response he submitted his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, SF 93, Report of Medical History, DVA Mental Health Evaluations, and a letter from his wife.  The applicant’s complete response is at Exhibit F.

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 to include the applicant’s rebuttal, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and AFBCMR Psychiatric Consultant finding that 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).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2016-01316 in Executive Session on 17 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 Mar 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 26 Jul 16.
Exhibit D:	Advisory opinion, BCMR Psychiatric Consultant, 6 Feb 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 15 Feb 18.
Exhibit F:	Applicant’s response, dated 13 Mar 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.