RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01360

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, Block #28 be corrected to reflect a Medical Discharge (Retirement) instead of Involuntary Release Failure to complete Flying or Technical Training.

APPLICANT CONTENDS THAT:

The United States Air Force used prejudice due to race and gender and caused her harm by their actions and judgements to include the forgery of her signature on medical records.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 18 Mar 82, the applicant was furnished an honorable discharge as an Air Force second lieutenant with a narrative reason for separation of involuntary release failure to complete flying or technical training.

Per DD Form 214, the applicant served on active duty from 09 Jan 82 until 18 Mar 82.

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

AIR FORCE EVALUATION:

BCMR Medical Advisor recommends denying the application.  In order to qualify for a medical retirement, among other determinants of unfitness, a service member must have a medical condition that prevents the performance of the duties of his or her office, grade, rank and rating.  Additionally, there must be a compensable disability, which is rated at least 30% disabling, IAW Veterans Affairs Schedule for Rating Disabilities (VASRD).  None of the applicant’s diagnosed conditions were found to be the primary cause for career termination.  Additionally, the Medical Advisor could not validate that the applicant was singled out and treated differently or harshly based upon her gender or race.  The Medical Advisor did not find the evidence sufficient to warrant the desired change of the record.  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 20 Aug 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 or injustice.  The Board concurs with the rationale and recommendation of BCMR Medical 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, 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-2017-01360 in Executive Session on 26 Sep 18:

, Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, MRB Medical Advisor, dated 17 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 20 Aug 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.