RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01206

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, dated 14 Apr 12 be corrected to reflect a medical discharge.

APPLICANT CONTENDS THAT:

His Veteran Affairs (VA) rating was 80 percent immediately following his discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 14 Apr 12, the applicant was furnished an honorable discharge as an Air Force staff sergeant and was credited with 11 years and 11 months active service.  On 15 Apr 12, per documentation provided by the applicant, the Department of Veteran Affairs (DVA) rated the applicant’s combined evaluation for compensation at 80 percent.  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:

AFBCMR Medical Advisor recommends denying the application indicating the applicant has not met the burden of proof of an error or injustice that warrants the desired change of the record.  Although the applicant has been treated or evaluated for a number of medical conditions during his military service, no documentation is provided that shows these warranted processing through the military Disability Evaluation System (DES) to indicate a Medical Evaluation Board (MEB)/ Physical Evaluation Board (PEB) processing was required.  There is evidence the applicant was placed on profile restrictions periodically, however, the preponderance of evidence shows the restrictions rarely, if ever, precluded the applicant from performing the duties of his office, grade, rank and rating.  Per Department of Defense Instruction 1332.38, Physical Disability Evaluation, Enclosure 3, Part 3, Standards For Determining Unfitness Due to Physical Disability or Medical Disqualification, paragraph E3.P3.2.1, reads: “A Service member shall be considered unfit when the evidence establishes that the member, due to physical disability, is unable to reasonably perform the duties of his or her office, grade, rank, or rating to include duties during a remaining period of Reserve obligation.  The complete advisory is at Exhibit C.

The AFBCMR Psychiatric Consultant recommends denying the application indicating insufficient evidence that a mental health disorder played a role in the discharge of the applicant.  A Trauma disorder is not a mental illness, but is a response that develops as a result of exposure to a traumatic experience.  Post-Traumatic Stress Disorder (PTSD) is the severest form of the condition and can develop immediately after the trauma or shortly after or even years later.  This applicant was clearly in locations where combat was taking place and consequently was exposed to situations that could have caused trauma, however, as noted by the Medical Advisor, there was no reference made during the applicant’s active duty military history that he was found to be suffering so severely as to be found unfit.  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 11 Sep 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 AFBCMR Medical Advisor and the AFBMCR Psychiatric Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Furthermore, the Board also notes the applicant did not file the application 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, 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-2017-01206 in Executive Session on 18 Oct 18:

, Vice Chair
, Panel Member
, Panel Member

All members of the panel voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 02 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Medical Advisor, dated 20 Mar 18.
Exhibit D:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 22 Aug 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Sep 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.