RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03002

	COUNSEL: NONE
	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His narrative reason for separation “Disability, Temporary” be changed to “Disability Retirement.”

APPLICANT CONTENDS THAT:

His narrative reason for separation should state “Disability Retirement” due to already having a disability rating.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman.

On 15 Aug 07, the applicant met a Medical Evaluation Board (MEB) with a diagnosis of  migraine headaches and his case was referred to an Informal Physical Evaluation Board (IPEB).  On 26 Sep 07, the IPEB recommended temporary retirement with a disability rating of 30 percent.  On 28 Sep 07, the applicant agreed with the findings and recommended disposition of the IPEB.  On 20 Nov 07, the applicant was relieved from active duty and placed on the Temporary Disability Retired List (TDRL) effective 21 Nov 07. 

Special Order ACD-00361, dated 1 Nov 12, reflects the applicant was removed from the TDRL and discharged from the Air Force because of his failure to report for required periodic examinations – effective 20 Nov 12.  

On 1 Nov 12, AFPC/DPFDD advised the applicant that the Secretary of the Air Force had directed his removal from the TDRL and discharged from the Air Force.

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 recommends denial indicating the SPD code reflected on the DD Form 214 is “SFK” which according to the SPD code listing corresponds to the narrative reason for separation “Disability, Temporary” which is reflected in block 28 of the DD Form 214.  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 26 Mar 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 AFPC/DP2STM 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).  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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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.

The application was adjudicated without a personal appearance.

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-2017-03002 in Executive Session on 18 Jul 18:

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

            Exhibit A:	Application, DD Form 149, dated 21 Jun 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 9 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 26 Mar 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 pertaining to Docket Number BC-2017-03002.