RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03348

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her entry-level separation be changed to a medical separation.

APPLICANT CONTENDS THAT:

She did not have a chronic knee condition that existed prior to entry into the military.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

According to the AF Form 618, Medical Board Report dated 9 Feb 94, it was determined the applicant did not meet minimum enlisted standards and her  right knee pain Existed prior to service.

On 11 Feb 94, the applicant was notified of her commander’s intent to recommend that she be discharged from the Air Force under the provision of AFR 39-10, section C, paragraph 5-14, and AETCR 39-6 (Erroneous Enlistment).  The reason for this action was a medical evaluation board, which convened on 7 Feb 94, found that the applicant did not meet the minimum medical standards to join the Air Force because of chronic right knee pain that was interfering with training. Had this condition been made known, the applicant would not have been allowed to enlist in the Air Force. 

The applicant acknowledged receipt of the notification of discharge and was afforded the opportunity to consult with legal counsel and submit statements in her own behalf.  The base separations authority approved the entry-level separation and directed an uncharacterized discharge.  The applicant served 22 days on active duty. 

Airmen are given Entry-level separation/Uncharacterized service characterization when separation is initiated in the first 180 days continuous active service.  The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  The uncharacterized character of service is correct and in accordance with DoD and Air Force instructions.  The discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  DP2STM did not find any evidence of any errors or injustices in the discharge processing.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Apr 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03348 in Executive Session on 6 Jun 18:

All members voted not to correct the record.  The panel considered the following:

            Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Aug 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 14 Dec 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.