RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00864

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, Block 13a, Character of Service, be 
corrected to reflect “Medical Discharge”.


APPLICANT CONTENDS THAT:

He joined the Air Force on a medical waiver, for asthma and his 
condition worsened while on active duty.  Upon discharge, he was 
only afforded an “Honorable” discharge without any indication or 
notification of his worsened medical condition. 

In support of his request, the applicant provided a copy of his 
DD Form 214.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 Sep 
72.

On 8 Nov 72, the applicant was recommended for discharge in 
accordance with AFM 39-10, Separation Upon Expiration of Term of 
Service, for Convenience of Government, Minority, Dependency and 
Hardship, Chapter 3, paragraph 3-8q based on unacceptable for 
military service.  On the same date, the applicant acknowledged 
this action and annotated that he did not desire to make a 
statement or submit a rebuttal.  He also did not desire to have 
the case evaluated by a field grade officer.

On 9 Nov 72, the discharge authority approved discharge.

On 14 Nov 72, the applicant was furnished an Honorable 
discharge, and was credited with 1 month, and 27 days of active 
service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force offices 
of primary responsibility (OPR), which are attached at Exhibits 
C and D.    


AIR FORCE EVALUATION:

BCMR Medical Consultant recommends denial indicating there is no 
evidence of an error or an injustice.  The applicant has not 
presented evidence to indicate that the medical condition for 
which he was reportedly waived to enter the military service was 
permanently aggravated above and beyond its expected natural 
progression, or clinical expression, during his brief period of 
military service.

Due to the vast expanse of time and the total absence of medical 
evidence to the contrary, they find the applicant has not met 
the burden of proof.

A complete copy of the BCMR Medical Consultant evaluation is at 
Exhibit C.

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or an injustice.  It has been 42 years since the 
applicant’s discharge from service and there is no explanation 
provided regarding the excessive delay in submitting an 
application within three years of discharge.  

Based on the documentation in the master personnel record, the 
discharge to include the narrative reason for separation, SPD 
code and separation type was consistent with the procedural and 
substantive requirements of the discharge instruction and was 
within the discretion of the discharge authority.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 12 Jan 15 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
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.  Applicant has not shown a plausible 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 applicant’s failure to file in a timely 
manner.  With respect to his request for his military personnel 
records, inasmuch as the Board is not the custodian for such 
records, it is suggested the applicant contact the National 
Personnel Records Center (NPRC) to request copies of his 
records.


THE BOARD DETERMINES THAT:

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-2014-00864 in Executive Session on 10 Mar 15 under the 
provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-00864 was considered:

	Exhibit A.  DD Form 149, dated 30 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, BCMR Medical Consultant,
	            dated 2 Oct 14.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 10 Nov 14.
	Exhibit E.  Letter, SAF/MRBR, dated 12 Jan 15.