RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04787

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United Sates Report of Transfer or Discharge, be changed to indicate he received a medical discharge.

APPLICANT’S CONTENTIONS

He received an honorable discharge but it should have been an honorable medical discharge.

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

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force E-3, who entered the Regular Air Force on 8 January 1959.

On 8 January 1959, according to Standard Form (SF) 88, Report of Medical Examination, the applicant was diagnosed with defective hearing, however, he was qualified for enlistment into the Air Force.  

On 16 March 1961, according to SF 88, the applicant was not qualified for general service and was referred to the medical board for a condition that existed prior to service (EPTS).

On 14 April 1961, the applicant was discharge under the provisions of AFM 35-4, Physical Evaluation for Retention, Retirement, and Separation.

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

AIR FORCE EVALUATION

AFPC/DP2STM does not make a recommendation and offers an advisory for information only.  The applicant was discharged under the authority of AFM 35-4, with Separation Designation Number 277, which denotes “Attrition, Discharged by Reason of Physical Disability EPTS - Established by Medical Board and Individual Made application for Discharge by Reason of Physical Disability (Not Entitled to Receive Disability Severance Pay) authority AFM 35-4. 

The complete advisory opinion is at Exhibit C.

SAF/MRBM recommends denying the application as there is insufficient evidence of an error or injustice.  The applicant admitted he began having issues with his left ear at age 10 with no recollection of suffering with chronic ear infection or physical injury to his left ear.  However, he did report both his father and brother suffered with the same hearing impairment.  Based on his childhood history of hearing deficit since age 10, there is clear and unmistakable evidence that this condition existed prior to military service.  In order for this condition to be eligible for a compensable medical discharge, it would have to be found service aggravated while the applicant was on active duty orders.  A condition is deemed service aggravated if the condition was permanently worsened beyond the natural progression due to military duty.  After reviewing the applicant’s records, it is noted the applicant worked in the Officer’s Club for eight months and the golf course for five months but found no evidence the applicant’s military duty led to this condition being permanently worsened beyond normal progression.  Therefore, there is insufficient evidence the applicant should be granted a medical discharge.  The DD Form 214 accurately states the applicant was discharged for a physical defect that existed prior to service, and was not entitled to severance disability pay.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent copies of the advisory opinions to the applicant on 25 June 2020, 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 SAF/MRBC 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.  Accordingly, the Board 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-2019-04787 in Executive Session on 23 July 2020:

, 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 16 September 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 26 March 2020.
Exhibit D:	Advisory opinion, SAF/MRBM, dated 1 June 2020.
Exhibit E:  Notification of advisory, SAF/MRBC to applicant, dated 1 June 2020.

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.