RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03054

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He should not have been removed from active duty until his 
injury was resolved or a medical discharge offered.


APPLICANT CONTENDS THAT:

He was injured on active duty, removed from active duty on 
verbal orders, returned to his Guard unit, and told to take it 
up with the DVA (Department of Veterans Affairs).

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


STATEMENT OF FACTS:

The applicant initially entered the regular Army on 9 Dec 68.

On 20 Apr 77, he was discharged from the Army.

On 4 Oct 84, he enlisted in the Air National Guard and assigned 
to Key Field, Meridian, MS.

In June 1988 and while enrolled in the Photo Interpretation 
School at Goodfellow AFB, TX, he was seen several times at 
Wilford Hall Medical Center, Lackland AFB, TX, for an injury to 
his left elbow.  

In Jul 88, he was removed from training for failing to complete 
technical school due to medical reasons.

On 13 Apr 89, the applicant was furnished an honorable 
discharge, and was credited with 13 years, 10 months, and 04 
days of total service for pay.  The reason for discharge as 
documented on NGB Form 22 was “Resignation Own Convenience.” 





AIR FORCE EVALUATION:

NGB/A1PS recommends denial indicating there is no evidence of an 
error or an injustice.  

A1PS found the applicant was in a duty status at the time of his 
elbow injury and that he provided medical documentation showing 
he had subsequently received treatment.  However, per NGB/SG, 
the applicant’s injury and treatment did not warrant a Medical 
Evaluation Board (MEB).  Although the applicant claims he should 
have been medically discharged from the military, he elected to 
separate due to “Resignation Own Convenience” based off his NGB 
Form 22, effective 13 Apr 89.  

A complete copy of the NGB/A1PS 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 1 Dec 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.  
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-2014-03054 in Executive Session on 5 Jan 16 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-03054 was considered:

	Exhibit A.  DD Form 149, dated 22 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PS, dated 29 Oct 15.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 15.