ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05149
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His military personnel records be corrected to reflect that he was permanently retired for physical disability, with a combined compensable disability percentage of 100 percent, instead of being discharged for physical disability with a combined compensable disability rating of ten percent.
________________________________________________________________
RESUME OF CASE:
On 20 August 2013, the Board considered the applicants request and determined the application was not timely filed. For a description of the facts and circumstances of the Boards original consideration of his case, see the Record of Proceedings at Exhibit F.
On 14 February 2014 and 5 January 2015, by virtue of a letter, the applicant requested reconsideration of the Boards previous decision in determining his application was not timely filed. The applicant contends that when he filed the DD Form 149, Application For Correction of Military Record, it had been more than three years since the error or injustice occurred but within three years of his discovery of the error. The applicant indicated that the Formal Physical Evaluation Boards (FPEB) decision rendered on 19 March 1984 was supplemented on 6 June 1984 and he was subsequently discharged on 13 July 1984 without any opportunity to appeal. It was not until he received a copy of his records on 4 August 2011, in review of a Veterans Administration appeal denial, that he discovered the error. Therefore, he did in fact file within three years after the alleged error or injustice was discovered.
It is the applicants belief that based upon the time of his discovery of the error and September 2014 hospital stay, his case warrants an additional review. He argues that he had no reason to suspect an error or injustice in his records when he was discharged on 13 July 1984 with severance pay. Also, he does not understand why the Air Force discharged him with a 10 percent disability severance pay knowing that his condition was permanent, not reacting to medication as his records indicate, and rated for 100 percent disability according to the Veteran Affairs Schedule for Rating Disabilities (VASRD) ratings.
On 3 June 2015, by virtue of fax, the applicant submitted a compensation & pension examination note prepared on 28 April 2015 by a Veteran Affairs certified physician assistant. The examination note summarizes the applicants heart condition.
The applicants complete submission, with attachments, is at Exhibit G.
________________________________________________________________
FINDINGS AND CONCLUSION OF THE BOARD:
In an earlier finding, the Board determined that the applicant did not file his application within three years after the alleged error or injustice was discovered and therefore rejected his application as untimely. After thoroughly reviewing the additional documentation submitted in support of his appeal and the evidence of record, we do not believe the applicant has overcome the rationale expressed in our previous decision. Thus, we cannot conclude it would be in the interest of justice to excuse the applicants 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-2012-05149 in Executive Session on 3 March 2015 and 8 June 2015, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket number BC-2012-05149 was considered:
Exhibit F. Record of Proceedings, dated 29 Aug 13, w/atchs.
Exhibit G. Letter, Applicant, undated, w/atchs.
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