RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02642

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, block 30, be corrected to reflect, “Service Connected and/or Service Related Injury, a.k.a., Disability.”

APPLICANT CONTENDS THAT:

He was accepted for enlistment into the Air Force with the acknowledgement that he had a problem with his left knee.  His left knee became worse at Basic Military Training and he was advised that it would require surgery to correct and several months of rehabilitation.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.

On 12 Aug 71, the applicant was evaluated by the Medical Evaluation Board (MEB) for history of left knee intermittently locking and they determined a final diagnosis of, “Left lateral collateral ligament tear, chronic, symptomatic, and left lateral meniscus tear, chronic, symptomatic,” and determine the condition existed prior to entry into the service and was not aggravated by service beyond the normal progression of the disease.  The board recommended the applicant be discharge for an Existed Prior to Service (EPTS) condition.

On 16 Aug 71, the applicant requested he be discharged under the provisions of AFM 39-10, para 3-8g and acknowledged that the MEB determined that at the time of his entry into the Air Force he did not meet the minimum medical standards for enlistment.

On 18 Aug 71, the approval authority directed the applicant be honorably discharged under the provisions of AFM 39-10, para 3-8g and ATCR 39-6.

On 19 Aug 71, the applicant was honorably discharged and his DD Form 214, block 30., states, “DID NOT MEET THE MINIMUM MEDICAL STANDARDS FOR ENLISTMET,” and was credited with 23 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:

BCMR Medical Advisor recommends denying the application. Had the applicant been given an official waiver to enter military service with his medical condition, with proper advisement the consequences under current policy [Department of Defense Instruction (DoDI) 1332.18, Disability Evaluation System (DES)], Service Member’s With Medical Waivers, he would be discharged without eligibility for processing as a compensable disability; UNLESS his condition was permanently aggravated through military service. The evidence of record indicates this was not the case.  Additionally, under DoDI 1332.38, Physical Disability Evaluation, albeit since rescinded, “Service members who are identified with non-waivered medical conditions or physical defects that existed prior to service may be administratively separated without referral into the DES when the medical condition meets the criteria.  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 11 Jun 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 and injustice.  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-2017-02642 in Executive Session on 1 Aug 18:

	Panel Chair
	Member
	Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, BCMR Medical Advisor, dated 4 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jun 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-2017-02642.