RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03061 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His honorable discharge be changed to a medical separation. APPLICANT CONTENDS THAT: His medical condition warranted a medical separation rather than a discharge. He has been diagnosed with major mental illness since age 18. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 17 Feb 82. On 14 Feb 83, the applicant’s commander notified him he was recommending him for discharge from the Air Force for minor disciplinary infractions. The reasons for this action were: a.  On 29 June 82, he received nonjudicial punishment (NJP) for the offenses of failing to go to his place of duty on 13 and 14 Jun 82. b.  On 6 Jan 83, he failed to report to duty. c.  On 26 Jan 83, he went from his place of duty without authority and was derelict in the performance of his duties. d.  On 28 Jan 83, he was late to work; he reported for work only after being ordered twice to get out of his bed and report to work. e.  On 31 Jan 83, he was late to work, left without authority, and received NJP for being late to work on 20 and 21 Jan 83. f.  From 1 through 9 Feb 83, he was late to work on a daily basis for which he was repeatedly counselled. g.  On 7 Feb 83, he failed to obey an order which subsequently caused destruction of government property. On 17 Feb 83, the case was reviewed and determined to be legally sufficient, and the discharge authority directed the applicant to be separated “Under Honorable Conditions” without probation or rehabilitation. On 17 Feb 83, the applicant was furnished an “Under Honorable Conditions” discharge with a narrative reason for separation of “Misconduct-Pattern of Minor Disciplinary Infractions,” and was credited with one year and one day of total 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: BCMR Clinical Mental Health Consultant recommends denial indicating there is no evidence of an error or an injustice. Prior to initiating administrative discharge action, the applicant underwent a command directed mental health evaluation. During this evaluation the applicant was closely scrutinized for evidence of any of a complete spectrum of mental illnesses. Ultimately, he was diagnosed with Adjustment Disorder, at that time an unsuiting (non-compensable) condition. The evaluator went on to “strongly” recommend administrative separation due to “…several traits which would hamper his adjustment in the military and preclude his performing his duties in a satisfactory manner…”. The evaluator was specific in stating the applicant’s psychiatric profile remained S-1 (fit for duty), indicating the absence of a compensable mental illness. The military Disability Evaluation (DES), established to maintain a fit and vital fighting force, can by law, under Title 10, United States Code (USC), only offer compensation for those service incurred diseases or injuries which specifically rendered a member unfit for continued service and were the cause for career termination; and, then only for the degree of impairment present at the time of separation and no based on future occurrences. The clinical reviewers at the time of the applicant’s service found no evidence of a disqualifying mental health disorder that warranted a Medical Evaluation Board and processing via a Physical Evaluation Board, as a compensable disability under AFR 35-4, forerunner of today’s AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation. At the same time, operating under a different set of laws (Title 38, U.S.C.), with a different purpose, the Department of Veterans Affairs (DVA) is authorized to offer compensation for any medical condition determined service incurred, without regard to [and independent of] its demonstrated or proven impact upon a service member’s retainability, fitness to serve, narrative reason for separation, or length of time passed since discharge. From a mental health perspective, the applicant was clearly unsuitable for military service and presented no documented evidence of compensable mental illness while on active duty. Administrative separation was appropriate. A complete copy of the BCMR Clinical Mental Health Consultant 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 30 Sep 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-2014-03061 in Executive Session on 3 Nov 15, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03061 was considered: Exhibit A.  DD Form 149, dated 30 Jun 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, BCMR Clinical Mental Health Consultant, dated 29 Sep 15. Exhibit D.  Letter, SAF/MRBR, dated 30 Sep 15.