RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02128

xxxxxxxxxxxx	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

He be given a medical discharge.

APPLICANT’S CONTENTIONS

A Department of Veterans Affairs (DVA) representative informed him that he should have been medically discharged and this would have made him eligible for a VA home loan. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic (E-1). 

Per DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, dated 9 Jul 73, the applicant was honorably discharged after serving 1 month and 11 days of active duty.  His DD Form 214 also indicates he did not meet the minimum medical standards for enlistment.  

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 insufficient evidence provided, specifically medical evidence, upon which to consider the applicant’s petition.  The fact that the applicant was discharged due to failure to meet minimum physical standards for enlistment is an indicator that medical officials determined that he had a disqualifying medical condition that existed prior to service (EPTS).  It also infers, that if the Air Force knew of the existence of the medical condition prior to entering military service, he may have been rejected or would have required a waiver for service entry.  

The applicant may wish to challenge the determination that his medical condition EPTS; however, without service medical records, the Medical Advisor cannot conduct an independent assessment of his petition.  The applicant’s states that he is receiving compensation for an injury sustained during active service.  In order for the alleged injury to form the basis for a medical discharge, it must be shown to have been incurred during military service or permanently aggravated by military service and was the primary cause for career termination.

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 19 Apr 21 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 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).  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-2020-02128 in Executive Session on 18 Aug 21:

, 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 8 Apr 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Medical Advisor, dated 16 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 Apr 21.

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.