RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02076

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Change his Separation Program Designator (SPD) code on his DD Form 214, Certificate of Release or discharge From Active Duty, from MND, Miscellaneous/General Reasons, to DER or a similar SPD code that denotes a service connected disability.

APPLICANT CONTENDS THAT:

He believes he was delivered an unjust nature of separation in regards to his service connected disability.  His separation code needs to be changed for him to receive Post 9/11 benefits from the Department of Veterans Affairs (DVA).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 30 Nov 04, the applicant commenced his enlistment in the Regular Air Force as an Integrated Avionics Apprentice.  On 12 Sep 06, the applicant underwent medical treatment for a rash.  He was diagnosed with irritant contact dermatitis and was instructed not to wear a gas mask and returned to full duty.  A medical note dated 2 Mar 06 notes the applicant was seen by Life Skills and diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood.  It was further noted the applicant was worldwide qualified from a psychiatric perspective.

On 31 Aug 06, the applicant submitted a voluntary request for early separation.  He noted he was requesting separation due to his medical condition that prohibited him from working in his current Air Force Specialty Code (AFSC).  His request further noted he turned down cross training due to limitations on his profile and inability to work in his current and desired AFSC.

An AF Form 422 dated 26 Sep 06, noted the applicant was worldwide qualified, but was not medically qualified for his current AFSC due to his permanent restrictions.  However, he was cleared to participate in all fitness program activities and deployment.

On 13 Nov 06, the applicant was furnished an honorable discharge with a narrative reason for discharge of Miscellaneous/General Reasons, along with a corresponding SPD code MND.  He was credited with 1 year, 11 months and 14 days of active service.

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

AIR FORCE EVALUATION:

AFPC/DP2STM provides no recommendation.  The complete advisory is at Exhibit C.

AFBCMR Medical Consultant notes the applicant has not objectively met the burden of proof of error to warrant the desired change of the record.  However, the Board may consider changing the record as requested, as a matter of justice, but not correction of an error.  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 25 Jul 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, the Board concludes that the applicant is not the victim of an error or injustice.  While the Board notes the comments of AFBCMR Medical Consultant indicating that relief should be granted, the Board believes a preponderance of the evidence fails to substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, 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).  Given the absence of error or injustice, the Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and 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-2017-02076 in Executive Session on 18 Oct 18:

, Vice Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 4 Dec 17.
Exhibit D:	Advisory opinion, AFBCMR Medical Consultant, dated 23 Jul 18
Exhibit E”	Notification of Advisory, SAF/MRBC to applicant, dated 25 Jul 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.