RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02851

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He should be granted a service-connected disability with his honorable discharge.

APPLICANT’S CONTENTIONS

He has a decision letter from the Department of Veterans Affairs (DVA) Board of Veteran’s Appeals (BVA). 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 13 Sep 74, according to DD Form 4, Enlistment Contract – Armed Forces of the United States, the applicant entered the Regular Air Force for a period of four years.

On 1 Nov 74, a letter of notification from the commander, indicates discharge action was initiated against the applicant under the provisions of AFM 39-10, Separation upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship. The applicant declined a desire for retention and declined to submit statements in response of the discharge action.

On 6 Nov 74, DD Form 214, Report of Separation from Active Duty, indicates the applicant was honorably discharged and credited with 1 month and 24 days of active service.  

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

AIR FORCE EVALUATION

The AFRBA Psychological Advisor completed a review of all available records and finds insufficient evidence to support the applicant’s request for the desired change to his records. The applicant contends he should be granted a service-connected disability honorable discharge. He did not clarify the specific condition, did not provide any rationale for his request, and did not provide any records to support his request. He submitted a BVA decision but the results of the appeal was not reported.  The applicant was discharged for having an unsuiting mental health condition of Paranoid Personality Disorder. This diagnosis and condition was confirmed and validated by the DVA exam decades post discharge.  The exam also reported he did not suffer from any mental disorders as a result of his military service. There was no evidence he had any unfitting mental health conditions that would meet criteria for a medical discharge, disability, or retirement. He had an unsuiting mental health condition and unsuiting conditions result with a non-compensable administrative discharge, which he appropriately received.  The Board may consider applying liberal consideration to the applicant’s request.      

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 25 Jan 22 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 of the AFRBA Psychological Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Also, the Board is satisfied that the application of liberal consideration does not warrant relief.  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-2020-02851 in Executive Session on 21 Mar 22:

, 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 12 Aug 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFRBA Psychological Advisor, dated 23 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 Jan 22.

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.