RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04106

   	COUNSEL:  NONE

	HEARING:  NO

APPLICANT’S REQUEST.   Change his separation to a medical discharge.  

APPLICANT’S CONTENTION.  He was injured while serving on active duty and was separated due to medical issues.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  

On 15 Jan 66, after serving 3 years, 10 months, and 6 days of active service, the applicant was issued an honorable discharge with a narrative reason for discharge of “Request for Early Release for School,” before meeting his established date of separation in order to support his request to register for the start of the school semester.  

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.  

1.	AFPC/DP2STM recommends denying the application.  The claimant’s voluntary request for separation was approved by the discharge authority and he was given a date of separation of 25 Jan 66.  His type of separation and narrative reason for separation are correct as indicated on his DD Form 214.  It has been approximately 51 years since the applicant’s discharge and he did not provide a valid reason for not submitting a timely petition.  The complete advisory is at Exhibit C.  

2.	The BCMR Medical Advisor recommends denying the application.  The Medical Advisor acknowledges the applicant was a frequent user of military health care services, presenting with a range of somatic complaints between 1962 through 1965.  However, at the time of his separation physical assessment he demonstrated “no complications, no sequelae, and no residuals,” upon which to warrant a Medical Hold and referral for a Medical Evaluation Board.  While the applicant argues his reason for discharge was erroneous, the burden of proof has not been met.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF THE AIR FORCE EVALUATIONS.  The Board sent a copy of the Air Force evaluations to the applicant on 27 Nov 17 for comment (Exhibit E), but has received no response.   

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The claimant 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 offices of primary responsibility (OPRs) 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.  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS: 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 AFBCMR Docket Number BC-2016-04106 in Executive Session on 28 Mar 18:

Panel Chair
Panel Member
Panel Member

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

Exhibit A: Claimant’s application, DD Form 149, dated 15 Sep 16, w/atchs.
Exhibit B: Master Personnel Record [Excerpts].
Exhibit C: Advisory opinion, AFPC/DP2STM, dated 12 Oct 17.
Exhibit D: Advisory opinion, AFBCMR Medical Advisor, dated 17 Oct 17.
Exhibit E: Notification of Advisory, SAF/MRBR to claimant, dated 27 Nov 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.