RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04438

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her existed prior to service disability discharge be changed to service connected.  

APPLICANT CONTENDS THAT:

She was awarded service connection for her unfitting condition by the Department of Veterans Affairs (DVA) (on 23 Dec 15, effective 1 Dec 14) and wants her DD Form 214, Certificate of Release or Discharge from Active Duty, corrected to reflect the same. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 27 Sep 05, her commander recommended her for a Medical Evaluation Board (MEB).

On 28 Oct 05, the applicant submitted a statement noting in Nov 02, while cheerleading, she received a concussion.  While at tech school, she started having migraines and pain in her upper back and neck.

On 3 Nov 05, the informal Physical Evaluation Board (PEB) found the applicant’s chronic neck and shoulder pain to have existed prior to service (without permanent service aggravation) and unfitting but non-compensable or ratable.  The PEB noted the onset of the applicant’s symptoms related to an injury in high school and the appearance of the symptoms in the military were almost immediate.  

On 9 Nov 05, the applicant agreed with the findings and recommended disposition of the informal PEB.  

On 20 Dec 05, she received an honorable discharge with a narrative reason for separation of disability, existed prior to service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denying the application.  Upon a review of the documents provided, the EPTS discharge decision was in line with the PEB policy and procedures and warrants no change to the member’s DD Form 214.  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 28 Aug 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 or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD 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-2016-04438 in Executive Session on 8 May 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 2 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 11 Aug 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 28 Aug 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.