RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00562

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed.

APPLICANT CONTENDS THAT:

His honorable discharge was due to a service-connected disability and the narrative reason for separation on his DD Form 214 should reflect this so that he can qualify for Veterans Administration benefits.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 15 July 1981.

According to AF Form 422, Physical Profile Serial Report, dated 27 July 1981, the applicant was temporarily restricted from performing certain activities involving the upper and lower extremities due to a ganglion cyst on his left wrist and a left knee condition, believed to be Osgood-Schlatter Disease.

On 27 October 1981, the applicant’s commander notified him that he was recommending he be honorably discharged under the provisions of AFR 39-10, Administrative Separation of Airmen. The specific reason for this action was the applicant’s marginal performance as evidenced by one letter of counseling, one administrative reprimand, his diagnosis of Maladjustment Disorder, his removal from access to firearms and ammunition, and his permanent decertification from the Personnel Reliability Program.  On the same day, the applicant acknowledged receipt of the discharge notification and indicated that he did not desire to consult with counsel and waived his right to submit statements on his behalf.

According to DD Form 93, Report of Medical History, dated 27 October 1981, competent authority medically cleared the applicant for separation under the provisions of AFR 39-10.
On 29 October 1981, the Staff Judge Advocate found the discharge legally sufficient and recommended the applicant be honorably discharged, subject to the inclusion of a medical examination showing the applicant is physically qualified for worldwide duty.

On 2 November 1981, the discharge authority directed that the applicant be honorably discharged.

On 4 November 1981, the applicant received an honorable discharge.  His narrative reason for separation is “Marginal Performer Assigned to Initial Training” and he was credited with 3 months and 20 days of active service.

A memorandum from the Secretary of the Air Force Personnel Council, dated 13 May 1982, indicated that the applicant’s request to change his reenlistment code was denied.

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  The applicant’s discharge was consistent with the procedural and substantive requirements of AFR 39-10, Administrative Separation of Airmen, and was under the discretion of the discharge authority.  In addition, it has been approximately 36 years since the applicant’s discharge and he has not provided a valid reason for his failure to timely file.  The complete advisory is at Exhibit C.

The BCMR Medical Advisor recommends denying the application.  Although the applicant was diagnosed with a ganglion cyst and Osgood-Schlatter Disease, both which more likely than not existed prior to service, they did not contribute to career termination.  The applicant’s diagnosis of Maladjustment Disorder and/or Occupational Maladjustment are considered unsuitable conditions rendering a member vulnerable for administrative discharge.  Accordingly, under either nomenclature, the condition was not compensable nor eligible for processing as a medical disability discharge.  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 9 May 2018, for comment (Exhibit E), and the applicant replied on 23 May 2018.  In his response, the applicant contended that his narrative reason for separation should be changed to reflect that his separation was due to service-connected disability so he can qualify for a certificate of eligibility for loan guaranty benefits with the Veterans Administration.  The Department of Veterans Affairs awarded a 10 percent service connected disability.  He also contended that his application is timely because he first became aware that he was eligible in 2015 when he was awarded the service-connected disability.  The applicant’s complete response is at Exhibit F.

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 the BCMR Medical Advisor 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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  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-2017-00562 in Executive Session on 14 June 2018:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 January 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 18 December 2017.
Exhibit D:	Advisory opinion, BCMR Medical Advisor, dated 8 February 2018.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 9 May 2018.
Exhibit F:	Applicant’s response, dated 23 May 2018.

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