RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04025

					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His narrative reason for separation of “Vol—Retirement for Years 
of Service Established By Law” be changed to reflect that he had 
a service connected disability.


APPLICANT CONTENDS THAT:

A review of his medical records was not conducted prior to his 
retirement to determine if he had a disability.  At the time of 
his separation, his records could not be located so therefore, a 
review to determine his status was never conducted.

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, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

According to the applicant’s DD Form 4, Enlistment Contract – 
Armed Forces of the United States, on 13 Oct 69, he entered the 
Regular Air Force.

On 31 Oct 89, the applicant was relieved from active duty with a 
narrative reason for separation of “Vol—Retirement for Years of 
Service Established By Law” and assigned to the Retired Reserve 
until 13 Oct 99.  He was credited with 20 years and 18 days of 
total active service.


AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial indicating there is 
no evidence of an error or an injustice that warrants the desired 
implicit changes of the record.  The Medical Consultant found no 
medical condition that warranted an alternative basis for release 
from military service.  On or about 30 Jun 89 through on or about 
3 Jul 89, the applicant received a separation/retirement physical 
examination.  The separation/retirement physical examination 
documents completed by an Air Force physician, at least in part, 
refutes the contention that a review of his medical records prior 
to retirement was not conducted.  The purpose of such a review 
would have been to determine if an illness or injury was present 
which would preclude release from service or warranted further 
evaluation.  At termination of the applicant’s physical 
examination, the provider found him medically qualified for 
release from military service.  The absence of profile 
restrictions further punctuates the absence of any impediment to 
duty or the elective retirement.  The Medical Consultant found no 
evidence of error or injustice in the applicant’s release from 
service due to completion of required service for retirement.

The complete BCMR Medical 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 7 Apr 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-2014-04025 in Executive Session on 10 Jun 15 under the 
provisions of AFI 36-2603:

	                   , Panel Chair
	                  , Member
	                        , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-04025 was considered:

	Exhibit A.  DD Form 149, dated 30 Nov 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 18 Mar 15.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Apr 15.