RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02766

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His separation code (SDN) of 277 in Block 11c of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be changed to show a medical discharge for reason of physical disability. 


APPLICANT CONTENDS THAT:

His DD Form 214 incorrectly reflects an SDN of 277, which means physical disability, existed prior to service (EPTS), instead of a medical discharge.  He injured his eye during a fight in the barracks and it never got any better, so he was medically discharged.  

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


STATEMENT OF FACTS:

According to the DD Form 214 submitted by the applicant:

	a.  The applicant initially entered the Regular Air Force on 14 Dec 59.

	b.  On 18 Jan 60, the applicant was furnished an honorable discharge, and was credited with one month and five days of active service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPFD recommends denial indicating there is no evidence of an error or an injustice.  Because the member was separated back in 1960 and the National Personnel Records Center (NPRC) could not provide his records, the only information available is from the DD Form 214 he submitted.  The member was separated under AFM 35-4, the regulation for medical separations/retirements in effect in 1960.  SDN Code 277 indicates the applicant was medically discharged for a condition that existed prior to service and he was not entitled to severance pay.  The applicant has provided no documentation to indicate his separation was not executed in accordance with proper guidance.     

A complete copy of the AFPC/DPFD evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 Oct 14 for review and comment within 30 days (Exhibit D).  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.  


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-2014-02766 in Executive Session on 16 Apr 15 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member


The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02766 was considered:

	Exhibit A.  DD Form 149, dated 1 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFD, dated 12 Aug 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Oct 14.