RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02024

	COUNSEL:

	HEARING: NO	

APPLICANT REQUESTS THAT:

His Honorable discharge be corrected to reflect medical retirement.

APPLICANT CONTENDS THAT:

He should have been offered a medical discharge due to underlying medical conditions.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former reserve of the Air Force technical sergeant. 

On 29 Sep 87, the applicant was honorably discharged from the Regular Air Force, credited with 4 years of active service and transferred to the Illinois Air National Guard.

On 13 Mar 88, the applicant was honorably discharge from the Illinois Air National Guard and transferred to the Air Force Reserve.  

On 10 Jun 04, the applicant was honorably discharged from the Air Force Reserve.  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 accordance with AFI 35-3212 [sic], Physical Evaluation for Retention, Retirement and Separation, para 1.3., the mere presence of a physical defect or condition does not qualify a member for disability retirement or discharge. The physical defect or conditions must render the member unfit for duty. Disability evaluation begins only when examination, treatment, hospitalization, or substandard performance results in referral to a Medical Evaluation Board (MEB).  There is no medical evidence that the applicant’s conditions were so severe that they rendered him unable to perform his assigned duties or should have been the cause of service termination. Furthermore, there were no duty limiting profiles or other administrative evidence supporting the contention that either condition rendered or should have rendered the applicant unfit for continued military service thus requiring a MEB for unfitting medical conditions. 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 14 May 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.  The Board concurs with the rationale and recommendation of 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-2017-02024 in Executive Session on 27 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, BCMR Medical Advisor, dated 27 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 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 for Docket Number BC-2017-02024.