RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00350

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect that he retired from the Air Force. 

APPLICANT CONTENDS THAT:

He was never considered for a medical retirement and has medical conditions that were identified prior to 2004.  He is no longer medically qualified to reenter the service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

Per DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant entered active duty11 May 84.  He was honorably discharged 13 Aug 97, and credited with 13 years, 3 months and 3 days active service.

Per Special Order AQ-91, dated 27 Sep 04, the applicant was honorably discharged from the AKANG and as a Reserve of The Air Force effective 13 Aug 04.

Per consult referral sheet dated 27 Nov 90, the clinician noted: “25 y/o AD male with a 10 year history of headaches starting as loss of peripheral vision temporarily, pressure behind eyes, whole head throbbing, high blood pressure intermittently.  History of severe concussion 15 years ago requiring Decadron with one week hospitalization.”  

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

AIR FORCE EVALUATION:

BCMR/Medical Advisor recommends denying the application.  The applicant was evaluated for possible seizure disorder, hypertension, a thumb injury, hearing loss with tinnitus, and other conditions.  The preponderance of evidence of record fail to indicate that any of the applicant’s ailments were so severe as to disqualify him from worldwide duty to the extent or duration that warranted referral to Medical Evaluation Board/Physical Evaluation Board (MEB/PEB) processing.  The applicant has not met the burden of proof of error or injustice that warrants the desired change of the record.  The complete advisory is at Exhibit C.

ARPC/DPTT recommends denying the application in accordance with Title 10, United States Code (U.S.C.), Section 12731, a service member must complete 20 years of satisfactory service to be eligible for Reserve retirement pay and benefits.  Upon the applicant’s discharge on 13 Aug 04, he had completed 17 years of satisfactory service.  To be credited with a satisfactory year for retirement, members must earn 50 points (this includes 15 membership points).  The applicant does not qualify under Title 10 U.S.C. 12731 (b) because he was not disqualified for worldwide duty.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 17 Jul 18 for comment (Exhibit E), 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 or injustice.  The Board concurs with the rationale and recommendation of the BCMR Medical Advisor and ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  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 the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2017-00350 in Executive Session on 22 Aug 18:

, Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 25 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, BCMR Medical Advisory, dated 17 Nov 17.
Exhibit D:	ARPC/DPTT Advisory opinion, w/atchs, dated 03 Jul 18
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Jul 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.