RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-01585

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His General, Under Honorable Conditions, discharge be upgraded to an Honorable discharge, and his reason for separation of Fraudulent Entry be removed.

APPLICANT CONTENDS THAT:

He was discharged after basic military training, for allegedly having concealed a diagnosis of enuresis.  He never had enuresis, and never lied about not having enuresis.  His discharge was triggered by an act of racial violence, and medical evidence demonstrates he did not have enuresis.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic.

Medical document, dated 15 Sep 54, reveals the applicant was seen for a history of enuresis, and reflects “The patient has had a life long history of enuresis.  The patient states that he did not mention this condition on his original enlistment forms.  Patient stated that he never sought medical assistance for this condition.”

Standard Form 88, Report of Medical Examination, dated 6 Oct 54, reflects “Enuresis an average of four times a week. Basis for discharge.”

On 9 Oct 54, the applicant was furnished a general, under honorable conditions discharge.

A request for post-service information was forwarded to the applicant on 19 Oct 17 for review and comment within 30 days (Exhibit C).  However, his post-service information is provided with his application.

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommended denying the application.  

The commander received a report which indicated the applicant had a history of enuresis, which he did not mention at enlistment.  The applicant was discharged as a result.  The complete advisory is at Exhibit D.  

SAF Medical Advisory recommended denying the application.  

While the applicant claims he never had enuresis, the record differs with the assessment.  There is insufficient evidence upon which to validate the applicant’s petition.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The board sent a copy of the Air Force evaluation to the applicant on 15 May 18 for comment (Exhibit F), but has received no response. 

THE BOARD CONCLUDES:

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 injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.   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). Moreover the applicant has offered no plausible reason for the delay in filing the application.  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 that 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 AFBCMR Docket Number BC-2017-01585 in Executive Session on 19 Jun 18:

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

Exhibit A:  Application, DD Form 149, w/atchs, dated 23 Mar 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 19 Oct 17.
Exhibit D:  Advisory opinion, AFPC/DP2STM, dated 10 May 18.
Exhibit E:  Advisory opinion, SAF Medical Consultant, dated 11 May 18.
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 15 May 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.