RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03014 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be medically retired with a 30 percent disability rating. APPLICANT CONTENDS THAT: He should not have been discharged without disability entitlements. To date, he has suffered from sarcoidosis and there is no known cure. He understood that when he was put on the Temporary Disability Retired List (TDRL) that it would be a temporary situation. At the time of his diagnosis there was very little known about the disease and he was unaware he would have to live with his condition for the rest of his life. In support of his request, the applicant provided a copy of AF Form 2654, Retirement Special Order – Removal from TDRL, Special Order AC-011983, dated 16 Jul 80 and a letter explaining his position. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 17 Oct 68. On 23 Feb 76, the Physical Evaluation Board (PEB) found the applicant’s medical condition unfit for military service. On 11 Mar 76, the Secretary of the Air Force approved the recommendation of the PEB and placed the applicant on the Temporary Disability Retired List, effective 1 Apr 76. On 31 Mar 76, the applicant was furnished an Honorable discharge and credited with 7 years, 5 months, and 14 days of active service. On 23 Jun 80, the applicant waived his right to meet the Formal PEB. On 30 Jun 80, the PEB provided their recommendations to the applicant. On 7 Jul 80, the applicant concurred with the PEB recommendation and signed AF Form 188, Statement Relative to Appointment or Enlistment After Removal from TDRL, in which he checked “Do not desire reenlistment in the regular Air Force”. On 15 Jul 80, the applicant was removed from TDRL and discharged. His case was reviewed and it was determined that he was physically fit for the performance of active military service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFD recommends denial indicating there is no evidence of an error or an injustice. The Department of Defense (DoD) and DVA disability evaluation systems operate under separate laws. Under Title 10, USC, Physical Evaluation Boards must determine if an applicant’s condition renders them unfit for continued military service relating to their office, grade, rank or rating. The fact that a person may have a medical condition does not mean that the condition is necessarily unfitting for continued military service. To be unfitting, the condition must be such that it alone precludes the member from fulfilling their military duties. If the board renders a finding of unfit, the law provides appropriate compensation due to the premature termination of their career. Further, it must be noted the United States Air Force disability boards must rate disabilities based on the member’s condition at the time of the evaluation; in essence a snapshot of their condition at that time. It is the charge of the DVA to pick up where the AF must, by law, leave off. Under Title 38, the DVA may rate any service- connected condition based upon future employability or reevaluate based on changed in the severity of a condition. A complete copy of the AFPC/DPFD evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the comments and recommendation of AFPC/DPFD. For over four years he had to live with very bad and not so bad periods of sarcoidosis episodes. On 14 Jan 14, the DVA evaluated his health and concluded that his service connected sarcoidosis, pulmonary with hepatic involvement was still at 30% and that his compensation payment would continue unchanged. The DVA assumed that he was getting compensation when in fact he was not. When he informed DVA that he was not receiving any type of compensation, an inquiry into the matter was started. The result of the inquiry stated that he did not file VA Form 21-826, Notice to a Retired Veteran of his Right of Election to Receive Disability Compensation, within one year after his discharge. He does not remember receiving this form and if he had received it, he would not have filed it because he thought he was free from sarcoidosis. He has since filed a VA Form 21-651, Election of Compensation In Lieu of Retired Pay or Waiver of Retired Pay to Secure Compensation from the Department of Veterans Affairs, and they have started paying him 30% disability pay as of 1 Feb 2014. Regardless of all of that, he proudly served his country for over 7 years and while doing a tour in South East Asia contracted sarcoidosis. He feels he should receive all medical retirement compensation that was due from 27 Jun 80 to 1 Feb 14. He voluntary did his part for his country and now it is time for his country to take care of him fairly. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of the applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. THE BOARD DETERMINES THAT: 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-2014-03014 in Executive Session on 2 Jun 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03014 was considered: Exhibit A. DD Form 149, dated 18 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFD, dated 18 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 30 Jan 15. Exhibit E. Applicant’s Letter, dated 11 Feb 15.