RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02638

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, Block #24 be corrected to reflect an Honorable medical discharge and Block #28 be corrected to reflect service connected injuries.

APPLICANT CONTENDS THAT:

His service record will show his injuries occurred two days after basic training and he had no prior or pre-existing conditions preventing him from joining the United States Air Force.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 07 Dec 87, according to the Standard Form 93, Report of Medical History, the applicant reported no history of injury or illness.

On 26 Apr 88, the applicant entered active duty.

On 22 Jun 88, according to the AF Form 618, Medical Board Report, the applicant was diagnosed with Exercise Induced Compression Syndrome and the condition Existed Prior to Enlistment (EPTS).

On 24 Jun 88, the applicant was notified by his commander of his recommendation for discharge for erroneous enlistment under AFI 36-3208, Defective Enlistments.

On 29 Jun 88, the applicant received an Entry Level Separation and Uncharacterized Character of Service for Failure to Meet Physical Standards for Enlistment.

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

AIR FORCE EVALUATION:

AETC/SGPS recommends denying the application based on the documentation provided by the applicant and analysis of the facts.  The applicant was evaluated in BMT for “chronic compression syndrome, exercise induced” after reporting similar lower extremity issues in high school requiring he be taken out of sports.  The applicant did not note his history of leg pain on his enlistment physical dated 7 Dec 87.  There is no evidence of an error or injustice in the EPTS separation action taken.  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 02 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 AETC/SGPS 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-2017-02638 in Executive Session on 05 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AETC/SGPS, dated 19 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 02 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.