RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-04298

XXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His Uncharacterized Entry Level Separation discharge be changed to either an Honorable or General (Under Honorable Conditions) discharge.

APPLICANT CONTENDS THAT:

He was in great physical health when he joined the Air Force.  He was injured while doing sit-ups at Lackland Air Force Base, Texas.  He was told he could wait for the injury to heal or go home and have surgery.  He was separated and given an Uncharacterized discharge.  He later realized the discharge with a 4C reenlistment code, stating he was unable to fulfill physical requirements, prevented him from reenlisting.  His surgeon confirmed the injury did not exist prior to Basic Military Training as he would not have passed through the Military Entrance Processing Station.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman Basic.  

On 2 Jul 98, the applicant was furnished an Uncharacterized Entry Level Separation, Narrative Reason – Failed Medical/Physical Procurement Standards, Separation Code JFW, Reentry Code 4C, and credited with 24 days active service.

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

AIR FORCE EVALUATION:

BCMR Medical Advisor recommends denying the application.  The Medical Advisor opines it is unlikely the positive sulcus and apprehension signs were the result of a de novo shoulder injury or represented permanent service aggravation of a pre-existing condition, which would meet the requirements for a disability discharge in accordance with Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, paragraph 1.19.1.2.3..  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 29 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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of BCMR Medical Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The circumstances of the applicant’s separation met the requirements of an Uncharacterized discharge in accordance with AFI 36-3208.  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 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-2017-04298 in Executive Session on 23 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Sep 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Clemency Letter, SAF/MRBC to applicant, undated.
Exhibit D:	Advisory opinion, BCMR Medical Advisor, dated 21 Aug 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 29 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, regarding Docket Number BC-2017-04298.