RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03517

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His honorable discharge be changed to a medical discharge.  

APPLICANT CONTENDS THAT:

He was medically discharged due to medical conditions; however, he did not meet a medical evaluation board and this is hindering him from receiving Department of Veterans Affairs (VA) benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.

On 11 Jul 69, the applicant received an honorable discharge from the Air Force under the provision of AFM 35-4, Physical Disability Discharge, Chapter 9.  He served 1 year and 4 months on active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

The AFBCMR Medical Advisor recommends denying the application.  The medical conditions that are the cause for career termination, but existed prior to service, without permanent aggravation by military service, are not compensable by the Military Department.  It is clear from the record that the applicant’s career was cut short due to his pre-existing pes planus.  Consequently, although it is stated on the applicant’s DD Form 214 that he was discharged due to a physical disability and that the discharge was executed under the provisions of AFM 35-4, Physical Evaluation for Retention, Retirement, and Separation. Because his medical condition existed prior to service, Chapter 9, Discharge of Airmen for Physical Disability Which Existed Prior to Entry on Active Military Service, was the specific provision of his discharge action.  The opening remarks of Chapter 9 reads, “This chapter provides for the expeditious discharge of Airmen who are unfit for retention on active duty by reason of physical disability, which was not incurred or aggravated while entitled to receive basic pay.”  There is no evidence that any of the applicant’s other medical complaints warranted a medical discharge, e.g., his gastrointestinal/esophageal disturbance, acne vulgaris, sinus issues, nor his osteochondroma.  Moreover, even though the applicant underwent surgical treatment of his osteochondroma, leaving a surgical scar, there is no evidence that surgical treatment of this pre-existing medical condition resulted in permanent aggravation of the condition; nor that it resulted in a permanent residual functional impairment.  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 22 Sep 17 for comment (Exhibit D), 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 that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of the AFBCMR Medical Advisor and finds 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.

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-2016-03517 in Executive Session on 6 Jun 18:

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2016-03517:

            Exhibit A:	Application, DD Form 149, w/atchs, dated 24 Aug 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Medical Advisor, dated 23 May 2017.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 22 Sep 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.