RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02978 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. He be granted a Medical Evaluation Board (MEB). 2. His honorable discharge be changed to a medical retirement. APPLICANT CONTENDS THAT: Had he been given a thorough medical examination upon his discharge, his health issues would have been noted and he would have more than likely been medically retired. The applicant provides no rationale as to why his failure to timely file should be waived in the interest of justice. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 17 Jul 79, the applicant entered the Regular Air Force and on 3 Sep 92, he was released from active duty and transferred to the Air Force Reserves (AFRES). On 11 Jan 94, the applicant enlisted in the Air National Guard (ANG) in the grade of staff sergeant (SSgt, E-5). Per Special Order PS-015, dated 2 Nov 05, the applicant was honorably discharged from ANG, effective 24 Nov 05 and transferred to the AFRES. On 4 Dec 07, the applicant received an honorable discharge from the AFRES, effective 30 Nov 07, and was credited with 18 years, 1 month, and 17 days of total satisfactory service. AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial of the request for a Medical Evaluation Board (MEB) and a medical retirement. The applicant has not met the burden of proof of error or injustice to warrant the desired change. Aside from the required periodic health assessments and fitness assessments, the military medical establishment relies upon the individual to present for evaluation and care for a given medical complaint during his military service. Although there was a history of back pain, service treatment records indicate a normal stress echocardiogram and do not indicate the applicant should have received a screening MRI scan of the brain or an exercise treadmill test. While it is clear the applicant’s post-service illnesses currently or more recently would have precluded military service, none were unfitting at the time of the applicant’s service nor were found to interfere with his military service or worldwide qualification. The service evidence does not show that either condition interfered with his ability to perform his military duties to the extent or duration as to disqualify him from worldwide duty or warranted referral for MEB/PEB processing. This includes the fact that no AF Forms 422, Physical Profile Serial Reports, nor its contemporary, AF Form 469, are presented to depict presence of a medical condition that restricted duty and worldwide qualification for 12 or more months or was not expected to improve or resolve within 31 to 365 days. Thus, based upon the supplied service medical evidence, or lack thereof, the Medical Consultant found no medical condition that established, or should have, a cause and effect relationship between the termination the applicant’s service and one or more of his medical conditions. The complete BCMR Medical Consultant’s 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 18 Jun 15 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. 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 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-2014-02978 in Executive Session on 8 Jul 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 2 Jun 15. Exhibit D. Letter, SAF/MRBR, dated 18 Jun 15. 3