RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02527

   	COUNSEL: NONE

 	HEARING: NO

APPLICANT REQUESTS:

His honorable discharge be changed to a medical retirement. 

APPLICANT CONTENDS:

His Physical Evaluation Board (PEB) indicated he would be medically retired with a 30 percent disability rating for his psychogenic musculoskeletal condition.  However, when he received his DD Form 214, Armed Force of the United States Report of Transfer or Discharge, Item 32 was marked “Amn not entitled to disability severance pay.”  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

According to the documentation submitted by the applicant, he initially entered in 1958.    

On 22 Apr 59, the applicant requested discharge for physical disability, and signed a request for discharge which said “I am considered unfit for retention in the military service by reason of physical disability which is considered to have existed prior to enlistment and which appears to be not incident to, or aggravated by my military service,”  and, “I understand that such discharge will be without disability retirement or disability severance pay.”  

On 3 Jul 59, the applicant was issued an honorable discharge certificate.  
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

The AFBCMR Medical Advisor recommends denying the application.  On or about 22 April 59, the applicant signed a document attesting to his understanding he had been notified, based upon preliminary findings, which stated “[he was] considered unfit for retention in the military service by reason of physical disability which is considered to have existed prior to enlistment and which appears to be not incident to or aggravated by [his] military service.”

A printed document from the Office of the Surgeon General, dated 24 Jun 59, explains the applicant’s symptoms [“generalized aching, mainly in his left leg”] and the thorough laboratory work-up and complete physical examinations, all which have been normal; and, the only explanation for the pains “seem to be related to injuries [the applicant] received in an automobile accident in 1957.”  An assessment by the Chief, Internal Medicine reads, “Since his symptomatology had begun almost a year prior to entrance into the service, even though he initially denied this, and since he had had difficulty with these very same symptoms, but before service, during Basic Training, and thereafter, it was felt that this was a condition which existed prior to service and he should receive an EPTS discharge.”  

The Medical Advisor found no objective evidence upon which to refute the findings and decisions made in the applicant’s release from military service due to a condition that existed prior to service.  The application is also significantly delayed from the time of alleged error or injustice.

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 Jun 18 for comment (Exhibit D), 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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFBCMR Medical Advisor 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).  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:

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-2017-02527 in Executive Session on 25 Jul 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, received 7 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Medical Advisor, dated 1 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings for Docket Number BC-2017-02527 as required by AFI 36-2603, paragraph 4.11.9.