RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04164

   	COUNSEL: 	

	HEARING: NO 

APPLICANT’S REQUEST.  His medical records be changed to highlight that the following medical diagnoses were service-connected:  cervical disk disease, neck arthritis, hypertension, and neuropathy.  

APPLICANT’S CONTENTION.  He did not receive a medical examination at the time of his discharge in 1993.  If he had received an exit examination, the service-connected nature of the requested diagnoses would be in his medical records, and the Department of Veteran’s Affairs (DVA) would then determine them service-connected disabilities.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is a retired Air Force master sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFBCMR Medical Advisor does not recommend granting the application.  While being deprived a separation physical may have posed a risk for failure in discovery of additional service-related medical conditions, the Board is not in a position to add medical diagnoses to the applicant’s health record from 1993 for the purpose of defending a claim for service connection unless valid medical evidence [not opinion] is provided not currently available in the supplied medical documentation.  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 30 Jun 17 for comment (Exhibit D), and the applicant replied on 13 Jul 17, and again on 9 Jan 18.  In his two rebuttals the applicant reiterates his contention he did not receive a medical examination before his retirement, and provides additional medical documentation from civilian physicians, his medical records, and the DVA.  The applicant’s complete response is at Exhibits E and F, respectively.

THE BOARD CONCLUDES:

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 or injustice.  The Board concurs with AFBCMR Medical Advisor 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-2016-04164 in Executive Session on 11 Apr 18:

Panel Chair
Panel Member
Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 7 Oct 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFBCMR Medical Advisor, dated 12 Jun 17.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 30 Jun 17.
Exhibit E:  Applicant’s rebuttal #1 to Exhibit D, dated 13 Jul 17.
Exhibit F:  Applicant’s rebuttal #2 to Exhibit D, dated 9 Jan 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.