RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01614

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His honorable discharge be changed to a medical discharge.

APPLICANT’S CONTENTIONS

In 1988, he experienced renal problems while serving on active duty and strongly believes his renal issue was related to his kidney cancer that was diagnosed in 2008.  He was diagnosed with blood in his urine that led to his future assignment being cancelled and was sent back to his unit at Brooks AFB for further evaluations where the diagnosis was confirmed and he was unfit for duty.  

His commander did not recommend him for reenlistment and his assignment was cancelled.  He was honorably discharged from the Air Force and received a “2X” (First term, second term or career airman considered but not selected for reenlistment) reenlistment (RE) code.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Regular Air Force staff sergeant.

The applicant received three (3) Letters of Reprimand for failing to maintain Weight Management Program (WMP), in accordance with AFR 35-11, Air Force Weight and Fitness Programs.

On 22 Jan 90, according to the AFPC/DPMQS letter, the applicant’s commander approved his request for separation.

On 26 Feb 90, the applicant was honorably discharged with a narrative reason for separation of “Early separation program – strength reduction,” after serving 4 years 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

The BCMR Medical Advisor recommends denying the application.  In this case, the Integrated Disability Evaluation System (IDES) did not consider the applicant’s fitness due to him not having unfitting condition(s).  The applicant did have hematuria that was evaluated; however, it was found without a clear etiology.  Although the applicant’s assignment was canceled because his hematuria had to be evaluated, this did not preclude continued military service.  The hematuria did not cause the applicant to be unfit or otherwise prevent satisfactory performance of duty commensurate with the applicant’s position, title, rank, and Air Force Specialty Code (AFSC).  

In addition, there is no evidence that the applicant was separated under a “Reduction in Force” (RIF).  The evidence indicates that he was selectively non-retained due to disciplinary infractions, e.g., non-compliance with weight management.  Under those circumstances, the respective branch of the military has no obligation to consider a medical separation.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 17 Oct 19 for comment (Exhibit D), and the applicant responded on 7 Nov 19.  In his response, the applicant submits a copy of his DD Form 214, which he would like Block 13, DECORATIONS, MEDALS, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED, and Block 28, NARRATIVE REASON FOR SEPARATION, reviewed.  His narrative reason for separation reflects “Early Separation Program – Strength Reduction,” not for disciplinary actions.  In addition, he submits a page from his Veterans Affairs (VA) to show that he had a medical reason for being overweight.

The applicant’s complete submission is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.   After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  While the Board notes the applicant’s contention that he should have been medically discharged, the Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, the Board agrees with the BCMR Medical Advisor that the applicant did not have an unfitting condition that precluded him from continuing his military service.  Moreover, the applicant’s records indicate he voluntarily requested separation under the FY90 First and Second Term, and Career Voluntary Early Release Program and was approved for separation.  Finally, the Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-01614 in Executive Session on 17 Jun 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Mar 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, BCMR Medical Advisor, dated 15 Oct 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 17 Oct 19.
Exhibit E:  Applicant’s Rebuttal, w/atchs, dated 7 Nov 19.

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