RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03461 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her entry level separation be changed to an honorable discharge. APPLICANT CONTENDS THAT: She was discharged for asthma and an inflamed rib cage. She suffered from an inflamed rib cage during technical school and was diagnosed with asthma. She did not have either of these conditions when she joined the Air Force Reserve. The Board should find it in the interest of justice to consider her untimely application because she was recently advised that her 2005 Department of Veterans Affairs was not processed because she does not have an honorable discharge. She would like to receive tuition assistance to complete her degree. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 31 August 2004, the applicant enlisted in the Regular Air Force. The applicant’s SF 600, Chronological Records of Medical Care, dated 30 November 2004, indicated that she was diagnosed with Bronchial Asthma. On 20 December 2004, the applicant’s commander notified her that he was recommending she be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.14, with an “Entry Level Separation.” The specific reason for this action was her diagnosis of Bronchial Asthma, which existed prior to service and had the Air Force known of this condition prior to her enlistment he would not have been allowed entry into the military. On 20 December 2004, the applicant acknowledged receipt of the discharge notification and indicated that she waived her option to consult with counsel and her right to submit statements in her behalf. On 27 December 2004, the Deputy Chief, Adverse Actions found the discharge legally sufficient. On 5 January 2005, the discharge authority directed that the applicant be administratively discharged with an “Entry Level Separation.” On 10 January 2005, the applicant received an “Entry Level Separation” with uncharacterized service. Her narrative reason for separation is “Erroneous Entry (Other).” She was credited with 4 months, and 9 days of active service. AIR FORCE EVALUATION: AETC/SGPS recommends denial indicating there is no evidence of an error or injustice. The discharge to include the type of separation was appropriately administered and within the discretion of the discharge authority. On 30 November 2014, the applicant was given a Methacholine challenge to determine if she had asthma. The results determined that she did have asthma and that it existed prior to service. She stated that she understood the diagnosis and treatment plan and was subsequently processed for an entry level separation. A complete copy of the SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial. It has been almost 10 years since the applicant’s discharge; therefore, her submission is not timely. Medical authorities concluded the applicant had a pre- existing medical condition which would have precluded her from enlisting in the Air Force had this condition been made known in advance. The applicant was only on active duty for 111 days when the discharge action was initiated; therefore, she must be separated with an entry level discharge in accordance with AFI 36- 3208. Airmen are given entry-level separation/uncharacterized service characterizations when separation is initiated in the first 180 days of continuous active service. The Department of Defense determined if a member served less than 180 days of continuous active service; it would be unfair to the member and the service to characterize their limited service. A complete copy of the DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 18 June 2015, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). FINDINGS AND CONCLUSIONS OF THE BOARD: 1. 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, Correction of Military Records and AFI 36-2603, Air Force Board for Correction of Military Records. 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. 2. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-03461 in Executive Session on 4 August 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03461 was considered: Exhibit A. DD Form 149, dated 18 August 2014. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AETC/SGPS, dated 15 May 2015. Exhibit D. Memorandum, AFPC/DPSOR, dated 20 May 2015. Exhibit E. Letter, SAF/MRBR, dated 18 June 2015.