RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04212

XXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO
	
APPLICANT’S REQUEST

His narrative reason for separation and corresponding separation code be changed to a medical discharge. 

APPLICANT’S CONTENTIONS

His records are in error or unjust due to being “denied proper medical treatment and examination.”  Air Force Instructions were violated and his deployment exacerbated his injury.  In support of his request, the applicant provides medical documentation regarding his knees.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force senior airman (E-4).

On 13 Dec 10, the applicant was notified by his commander that he was recommending he be discharged from the Air Force for failure to meet minimum fitness standards.  The specific reason was the applicant received four or more poor or unsatisfactory Fitness Assessment scores in a 24-month period.

On 16 Dec 10, the applicant acknowledged receipt of the discharge notification.  The applicant consulted counsel and submitted a statement requesting he be allowed to complete the remaining nine months of his enlistment.

On 28 Dec 10, the staff judge advocate determined the applicant’s discharge from the Air Force with an honorable service characterization was legally sufficient.

On 3 Jan 10, the applicant’s discharged was approved.

On 12 Jan 11, the applicant was honorably discharged with a narrative reason for separation of “Physical Standards” and corresponding separation code of “JFT” after serving 5 years, 3 months and 16 days of active duty

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 states the applicant did not adequately substantiate his allegation that his honorable discharge and narrative reason should be changed to a medical discharge.  A medical discharge is warranted when the basis for the discharge is medical.  When a member is no longer fit for the rigors of continued military service due to an injury or condition, the member is unfit.  This means the member is unable to perform duty commensurate with his/her position, title, rank, and AFSC.  A medical discharge is a determination that results from consideration via the Integrated Disability Evaluation System (IDES).  In this instance, the diagnosis or symptoms of a condition did not in and of itself indicate the applicant was unfit or otherwise met the threshold for IDES consideration.  The applicant demonstrated the ability to continue to perform his duty including deployment.  The evidence does not support that he was unfit.  What it does indicate is that he was unable to successfully negotiate the fitness assessment on multiple consecutive occasions despite attempts to assist him to be successful.  The guidance referenced in his notification memorandum, as well as, the legal review strongly suggests the applicant’s discharge was legally appropriate.

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 13 Nov 19 for comment (Exhibit D), 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 BCMR 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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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-2019-04212 in Executive Session on 20 May 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 19 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, BCMR Medical Advisor, dated 17 Oct 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 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.