RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04735 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His narrative reason for separation of “disability, existed prior to service, Physical Evaluation Board (PEB)” and corresponding Separation code of “JFM;” be changed to reflect “Convenience of the Government.” 2. His Reentry (RE) code of 2Q (Personnel medically retired or discharged) be changed to “1” (eligible code). 3. His character of service be changed from “uncharacterized” to “honorable.” 4. All psychiatric records be removed. ________________________________________________________________ APPLICANT CONTENDS THAT: He is not seeking additional benefits or monetary compensation; he only wants his record corrected. He was humiliated, ridiculed and received unequitable treatment by United States Air Force (USAF) medical officers. His discharge was improper because it was based on hearsay, falsification of government records by USAF medical officers and enlisted airmen. There was misleading information submitted to the USAF PEB by several individuals. There is evidence of forgery and alteration of government records on his DD Form 2648, Preseparation Counseling Checklist and SSA-795, Statement of Claimant or Other Person. He was never permitted to receive counsel or make rational decisions because of heavy medical sedation despite his protests of having adverse reactions. The Board should find it in the interest of justice to consider his application because he never knew he was able to receive his medical record nor did he know about the existence of the Board. In support of his appeal, the applicant through his Member of Congress provides a personal statement; copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 26 Apr 01 entry level separation; excerpts from his medical/discharge package and various other documents associated with his requests. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 9 Jan 01, the applicant enlisted in the Regular Air Force for a period of four years. On 4 Mar 01, the applicant was brought to the Emergency Room by security forces personnel after making homicidal statements toward his chain of command. The applicant was diagnosed with Bipolar Disorder and referred for a Medical Evaluation Board (MEB). On 29 Mar 01, an MEB diagnosed the applicant with Bipolar Disorder and referred him to the Informal PEB (IPEB). On 5 Apr 01, the IPEB diagnosed the applicant with Category II conditions that can be found unfitting but are not compensable or ratable: Bipolar Disorder, Severe Social and Industrial Adaptability Impairment. The applicant agreed with the findings of the IPEB. On 6 Apr 01, the SAFPC determined that the applicant was physically unfit for continued military service due to a physical disability which existed prior to military service and directed the applicant be discharged with disability benefits. On 26 Apr 01, the applicant was discharged with an entry level separation under the provisions of AFI 36-3212, Physical Evaluation for Retention, Retirement and Separations, with a reason for separation of “disability, existed prior to service, PEB,” with uncharacterized service. He was credited with 3 months and 18 days of active duty service. ________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial of the applicant’s request to have his separation diagnoses expunged from his file. On 20 Mar 01, a narrative summary was written stating that the applicant’s mental health diagnosis was disqualifying for military service. The applicant acknowledged that he understood this and that he would continue medical treatment after separation. Subsequently he was processed for an entry level separation. Based on the documentation on file, SGPA finds the separation was done in accordance with established policy and administrative procedures. The applicant has not presented a mental health evaluation by a psychiatrist noting the condition has resolved along with a positive long term prognosis. The complete SGPA evaluation is at Exhibit C. AFMOA/SGH recommends denial of the applicant’s request to remove medical documentation relating to psychiatric diagnosis and treatment. Upon review of Standard Form 93, Report of Medical History, dated 30 Jun 00, the applicant annotated "no" to reference of having been treated for a mental condition, yet information reveals that during adolescence he had been in the care of Mental Health and Social Work Professionals. The medical care and diagnosis provided to the applicant was subsequent to the inpatient stay at a civilian hospital. The documented professional judgment of attending providers does not indicate improper diagnosis or treatment that would provide misleading medical history. The complete SGH evaluation is at Exhibit D. AFPC/DPSOR recommends denial of the applicant’s request to change his type of separation and characterization of service. DPSOR states that the procedural and substantive requirements were met in accordance with AFI 36-3208, Administrative Separation of Airmen, and Department of Defense (DoD) instructions. Airmen are given Entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service. The DOD determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, the uncharacterized character of service on his DD Form 214 is correct and in accordance with Department of Defense (DoD) and Air Force instructions. The complete DPSOR evaluation is at Exhibit E. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code. The applicant's RE code 2Q is correct per AFI 36-2606, Reenlistments in the USAF, chapter 5, based on his disability discharge and his DD Form 214 accurately reflects the correct RE code. The complete DPSOA evaluation is at Exhibit F. ________________________________________________________________ APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 18 April 14 for review and comment within 30 days (Exhibit G). ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36- 2603. The applicant has not shown a sufficient reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the untimely filing of this application. 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. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-04735 in Executive Session on 19 Aug 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Sep 13, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, HQ AETC/SGPS, dated 17 Dec 13. Exhibit D. Letter, AFMOA/SGH, dated 7 Feb 14. Exhibit E. Letter, AFPC/DPSOR, dated 25 Feb 14. Exhibit F. Letter, AFPC/DPSOA, dated 2 Apr 14. Exhibit G. Letter, SAF/MRBR, dated 18 Apr 14.