RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02186 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, item 30, should read “Discharge due to disability,” and not Convenience of the Government, “Did not meet the minimum medical standards for enlistment.” APPLICANT CONTENDS THAT: He is trying to purchase a home using a Department of Veteran’s Affairs (DVA) home loan, which requires a Certificate of Eligibility. Although he received one in the past, he was recently denied the Certificate because of his DD Form 214 information. According to DVA rating decision 29505526, he was found to be qualified for enlistment. Item D states “There is evidence of aggravation of the right knee during service to the extent he became unable to perform assigned military duties.” The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 8 May 72, the applicant entered the Regular Air Force. On 8 Jun 72, a medical board convened and determined that based on a pre-existing knee condition, that required knee surgery prior to enlistment, the applicant should be discharged. The board concluded that the physical defect in the knee precluded full utilization in the military service. On 15 Jun 72, he was honorably discharged with an entry level separation. He was credited with 1 month and 8 days of active service. AIR FORCE EVALUATION: AETC/SGPS recommends denial. The applicant did not provide any evidence that an error or injustice occurred in processing his discharge. Based on the documentation in the applicant’s master personnel records, the discharge was appropriately administered and within the discretion of the discharge authority. He had right knee surgery in 1969 and continued without incident until he entered the military. Following his knew surgery in 1969; it was recommended he have a second operation to remove a fragment that was still present in the right knee. The second surgery was not performed. During the first month of his training, his right knee became so painful that he couldn’t continue in training. An orthopedic evaluation on 8 Jun 72 shows he was admitted to the central base dispensary with a chief complaint of right knee pain. He had been seen in the orthopedic clinic earlier and was given the diagnosis of mild chondromalcia of the right knee. This condition can remain asymptomatic if one is not exposed to physical activity, but may become symptomatic if engaged in strenuous activities such as basic military training as was the case here. The complete SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial indicating the applicant has not filed a timely petition. It has been 42 years since the applicant’s discharge and no reason was given for not submitting a petition within three years of discharge. The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. There was no evidence of an error or injustice in the processing of the discharge. A Jun 82 medical board concluded that the applicant had a pre-existing medical condition that should have precluded him from enlisting in the Air Force. Hence, the decision to discharge the applicant was correct and in accordance with the discharge regulation. The complete DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant is in total disagreement with item 6 where it states he did not provide any evidence that an error or injustice occurred during the process of his discharge. He highlights the evidence he sent includes the following: a) His DD Form 214 which states in box 30 remarks “Did not meet the minimum medical standards for enlistment;” b) A copy of the DVA rating decision, item F, paragraph 1, sentence 2 which reads, “Examination 05/01/1972, “He was found to be qualified for enlistment;” c) A copy of the DVA rating decision, item D, paragraph 1, sentences 1 and 3 stating “Veteran had surgery to the right knee prior to entering active duty. There is evidence of aggravation to the right knee during service to the extent he became unable to perform assigned military duties;” d) A copy of his previous Certificate of Eligibility when he bought a home in 1996. He strongly disagrees with the statement made that he asked for the discharge. He stayed in civilian quarters while his Sergeant fought on his behalf to stay in the service. The reason for the delay in asking for the change in Box 30 on his DD Form 214 was because he had not had trouble when he purchased his first home back in 1996. As he previously stated, he was denied the Certificate of Eligibility in 2014 and was informed that the information should be changed to “Discharged due to disability.” The applicant’s complete submission is at Exhibit E. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available 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 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. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02186 was considered: Exhibit A. DD Form 149, dated 27 May 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AETC/SGPS, dated 9 Sep 14. Exhibit D. Memorandum, AFPC/DPSOR, dated 12 Dec 14. Exhibit D. Letter, Applicant, dated 20 Jan 15.