RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03225

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His records be corrected to reflect that both of his knees and feet were injured while serving in the Air Force.

APPLICANT’S CONTENTIONS

He did not seek medical attention while he was on active duty because he was afraid that he would be medically disqualified for worldwide duty and he did not want to risk ending his military career.  He has other injuries, tinnitus in his ears, along with neck and back issues, that have been acknowledged as injuries incurred while in the service.  He suffered these injuries as a result of rolling drag chutes from the end of the runway and performing aircraft maintenance as a crew chief on both B-52 and F-4 military aircraft.  The injuries to his knees and feet should also be recognized as service connected.  In support of his request, the applicant provides a letter dated 19 Apr 17 from his physician and a letter dated 3 May 17 from a former co-worker who was stationed with him from Feb 93 to Aug 95.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).

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

AIR FORCE EVALUATION

The AFBCMR Medical Advisor recommends denying the application.  There is no objective evidence that he sustained a knee and/or foot injury while serving in the Air Force.  The applicant provided evidence in the form of a letter from his civilian physician and a letter from someone who was stationed with him from 1993-1995.  Both letters are dated 32 years after the claimed injury occurred and in the opinion of the AFBCMR Medical Advisor, are not objective, nor sufficient to support the applicant’s request.  In the case of the civilian physician’s letter, the opinion rendered is simply that, an opinion, and based on conjecture that is not supported by medical facts.  In the case of the witness’ letter, the recollections provided are 22 years old.  Furthermore, if the applicant’s knees and feet had been affected to the degree suggested in the letter, the AFBCMR Medical Advisor is of the opinion that these injuries would have affected the applicant’s ability to pass his physical fitness assessments, that the applicant would have been placed on a profile, and that some evidence of an injury would exist.  There is just no evidence in existence of this.

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 16 Mar 20 for comment (Exhibit D); however, on 28 May 20, the Post Office returned the advisory opinion stating it was undeliverable.  On 28 May 20, the Board emailed a copy of the advisory opinion to the applicant for comment (Exhibit E), but has received no response.

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.  The Board concurs with the rationale and recommendation of the AFBCMR Medical Advisor and finds 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 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-2019-03225 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 25 Jun 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Medical Advisor, dated 25 Feb 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 Mar 20.
Exhibit E: Notification of advisory, SAF/MRBC to applicant, dated 28 May 20.

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.