RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02031 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His records confirm his frostbitten feet. ________________________________________________________________ APPLICANT CONTENDS THAT: His 10 percent disability compensation was confirmed. The weather was warm most of the time and did not affect his feet. In support of his appeal, the applicant submits supporting letters and documentation from his reconstructed master personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Army Air Corps who served from 16 November 1943 through 7 November 1945. The applicant’s narrative reason for separation is listed as discharge surplus of aircrew trainees who volunteered from civilian life. The applicant’s records were destroyed in the 1973 fire at the National Personnel Records Center. Therefore, additional facts and circumstances surrounding his service could not be verified. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The applicant states while traveling from North Carolina to Washington DC, he was rerouted to Pittsburgh over the Allegheny Mountains during blizzard conditions. The pilot had the cockpit windows open for better visualization and due to lack of oxygen in the cabin; some of the personnel fell asleep. Upon arrival, the applicant had to be taken to the hospital suffering from frostbitten feet. He believes his records were not amended and the documentation never caught up to his file. In a letter written by the applicant on 13 October 2012, to the Army Board for Correction of Military Records, he states he received 10 percent disability compensation and that it was confirmed. He then states it was later disallowed due to the fact that he had not gone for further treatment. The military Disability Evaluation System (DES) was established to maintain a fit and vital fighting force. By law, the DES can only offer compensation for those service incurred diseases or injuries which specifically render a member unfit for continued active service and were the cause for career termination; and then only to the degree of impairment present at the time of separation and not based on future occurrences. In this case, the applicant’s DD Form 214 notes he was released from the Army Air Corps for surplus of aircrew trainees who volunteered for civilian life. This is consistent with the applicants supplied materials and therefore the Medical Advisor opines that the applicant was able to reasonably perform the duties of his office, grade, rank and rating and therefore, was not unfit for military duty, in turn, not eligible for entry into the DES. The Department of Veterans Affairs (DVA) is authorized to offer compensation for any medical condition determined service- incurred, without regard to and independent of, its demonstrated or proven impact upon service member’s retainability. With this in mind, Title 38 U.S.C., which governs the DVA compensation system, was written to allow compensation ratings for conditions that were not considered unfitting during military service or at the time of separation. Therefore, members can be found fit for release from military service for one reason and sometime thereafter, receive compensation ratings from the DVA for one or more medical conditions that are determined service-connected. The applicant alludes to an awarded 10 percent compensation, which was later rescinded. Unfortunately, there was no documentation submitted. It is the prerogative of the DVA to increase or decrease his awarded compensation. It is recommended the applicant has the DVA reevaluate his condition to make a more comprehensive evaluation. The complete BCMR Medical Consultant’s evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submits several letters reiterating the events of surrounding his injury as well as his attempt to retrieve his records. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The application was not filed within three years after the alleged error or injustice was discovered, or could have been discovered, as required by Section 1552, Title 10, United States Code (10 USC 1552), and Air Force Instruction 36-2603. Thus the application is untimely. 2. Paragraph b of 10 USC 1552 permits us, in our discretion, to excuse untimely filing in the interest of justice. We have carefully reviewed the applicant's submission and the entire record, and we do not find a sufficient basis to excuse the untimely filing of this application. The applicant has not shown a plausible reason for delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits at this time. Accordingly, we conclude that it would not be in the interest of justice to excuse the untimely filing of the application. ________________________________________________________________ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02031 in Executive Session on 28 January 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02031 was considered: Exhibit A. DD Form 149, dtd 11 May 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dtd 23 Jun 13. Exhibit D. Letter, SAF/MRBC, dtd 26 Jun 13. Exhibit E. Letter, Applicant’s Response, dtd 12 Jul 13, w/atchs.