RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01262

   	COUNSEL: NONE

 	HEARING: NO

APPLICANT REQUESTS:

1.  His total active duty service credit be changed from 3 years, 5 months, and 23 days to 4 years.  

2.  He be granted a medical separation. 

APPLICANT CONTENDS:

In 1967, while on active duty, he was involved in a head-on collision, and was also electrocuted while replacing a radar tube, and has had numb nerves ever since.  He was told by his first sergeant if he got out 6 months early to go back to school he would be credited with 4 full years of service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 Aug 65.  

On 24 Jan 69, he issued an Honorable discharge certificate, with a type of discharge of “Release from active duty,” and was credited with 3 years, 5 months, and 23 days of active service.  

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

AIR FORCE EVALUATIONS:

AFBCMR Medical Advisor recommends denial of the applicant’s implicit request for medical issues and separation stemming from a motor vehicle accident and from electrocution.  The burden of proof lies with the applicant, who must provide sufficient supporting medical evidence to support his claim of an error or injustice.  The applicant provided no such evidence.  Therefore, in the absence of medical documentation, recommend denial.  The complete advisory is at Exhibit C.

AFPC/DP2LT recommends denial of the applicant’s request for additional service credit.  In order to support a claim of an error or injustice, the applicant must provide sufficient supporting documentation.  There is no support for a claim of an error or injustice based on the documentation provided by the applicant or an analysis of the facts.  There is no evidence of an error or injustice.  Recommend disapproval.  The complete advisory is at Exhibit D.

AFPC/DP2STM recommends does not make a recommendation because they are not the primary OPR for either request, however, highlights the fact the applicant’s separation was voluntary and he received an honorable service characterization.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The Board sent a copy of the Air Force evaluation to the applicant on 9 Jul 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

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

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of the offices of primary responsibility (OPRs) and finds 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:

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-2017-01262 in Executive Session on 22 Aug 18:

Chair
Member
Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Medical Advisor, dated 27 Mar 18.
Exhibit D:	Advisory opinion, AFPC/DP2LT, dated 1 Apr 18.
Exhibit E:	Advisory opinion, AFPC/DP2STM, dated 28 Jun 18
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 9 Jul 18

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings for Docket Number BC-2017-01262 required by AFI 36-2603, paragraph 4.11.9.