RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00694

XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

1.  His Under Honorable Conditions (General) discharge be upgraded to an Honorable discharge.

2.  His Reenlistment Eligibility (RE) code 2Q (Ineligible to reenlist in the Regular Air Force, personnel medically retired or discharged) be changed to allow reentry in the military.

APPLICANT’S CONTENTIONS

He was discharged for multiple bilateral fractures due to a preexisting condition.  He did not receive any Department of Veterans Affairs (DVA) compensation and his career serving his country was taken from him.  During a DVA review, he informed them that he would like to reenter onto active duty and a DVA medical officer agreed.  A local recruiter told him that he was not eligible to continue or reenter service based on his reentry code.  His DD Form 214, Certificate of Release or Discharge from Active Duty, was changed and he figured it was due to his information was stolen in the mid 2000’s.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 27 Feb 01, the applicant entered active duty.

On 19 Apr 01, according to the Medical Evaluation Board (MEB) Narrative Summary (NARSUM), the applicant was diagnosed with stress fracture by bone scan of left tibia/navicular bone and right hip and the medical provider recommended separation to allow healing at home and reenlist once pain free and able to perform training activities without difficulties.

On 24 Apr 01, the MEB referred the applicant to the Informal Physical Evaluation Board (IPEB) for stress fracture of right acetabulum and left cuboid with stress changes to left acetabulum and medial tibial plateau secondary to poor physical conditioning and determined that the conditions existed prior to service (EPTS).

On 2 May 01, the IPEB found the applicant was unfit for service and his stress fracture of right acetabulum and left cuboid with stress changes to left acetabulum and medial tibial plateau were Category II – Conditions That Can Be Unfitting But Are Not Currently Unfitting, EPTS, not permanently aggravated through military duty service and recommended discharge.

On 10 May 01, the applicant concurred with the IPEB findings and recommended disposition of the IPEB and waived his right to a Formal PEB (FPEB).

On 10 May 01, the Secretary of the Air Force directed the applicant be separated from active service for physical disability due to a condition that EPTS and that he was not entitled to any benefits under the provisions of Chapter 61, Title 10, U.S. Code.

On 18 May 01, the applicant was discharged with an Entry Level Separation, Uncharacterized character of service for Disability, EPTS, PEB and credited with 2 months and 2 days of active service.

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

APPLICABLE AUTHORITY

AFI 36-3208, Administrative Separation of Airmen, paragraph 1.19.1. Entry Level Separation. Airmen are given entry-level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DoD) determined it would be unfair to the member and the service to characterize a member’s limited service when separation is initiated within the first 180 days of active service.

AIR FORCE EVALUATIONS

AFPC/DP2SSM recommends denying the application.  There is no evidence of an error or injustice in reference to the applicant’s RE code based on the documentation provided by the applicant and analysis of the facts.

The complete advisory opinion is at Exhibit C.

AFPC/DPFDD recommends denying the application.  Based on the documentation provided by the applicant and analysis of the available documentation and facts, there is no indication an error or injustice occurred at the time the IPEB processed his disability case.  There is also no evidence that the applicant’s DD Form 214 has been changed.  An arbitrary change of the applicant’s character of service to Honorable is not warranted nor feasible.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS

The Board sent copies of the advisory opinions to the applicant on 25 Nov 20 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 AFPC/DP2SSM and AFPC/DPFDD 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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-00694 in Executive Session on 17 Mar 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 11 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, w/atchs, dated 2 Nov 20.
Exhibit D:	Advisory opinion, AFPC/DPFDD, w/atchs, dated 18 Nov 20
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 25 Nov 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.