RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05149

	 	COUNSEL:  NONE

		HEARING DESIRED:  NO

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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.

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APPLICANT CONTENDS THAT:

He was determined to be permanently physically unfit to remain in the Air Force as an administrative specialist due to his heart condition.  As such, in accordance with the Disability Evaluation System (DES) and Veterans Affairs Schedule for Rating Disabilities (VASRD) guidelines, his compensable percentage rating is incorrect. 

His cardiac functional status should be rated as 100 percent based on his Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) findings.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 25 June 1980, the applicant entered the Regular Air Force.

On 2 February 1984, a Medical Evaluation Board (MEB) was convened to evaluate the applicant’s diagnosis of multifocal premature ventricular beats (an abnormal rate of muscle contractions in the heart), refractory to medical therapy, with no evidence of organic cardiovascular disease.  The applicant’s MEB indicated his medical condition was not pre-existing and was referred to an Informal Physical Evaluation Board (IPEB).  

On 15 February 1984, an Informal Physical Evaluation Board (IPEB) was convened which found the applicant unfit and determined that his medical condition was incurred while entitled to receive basic pay; however, the degree of impairment was not permanent.  The IPEB recommended the applicant be discharged with entitlement to severance pay and a compensable disability rating of 10 percent.  

On 28 February 1984, the applicant did not agree with the findings and recommended disposition of the IPEB hearing and demanded a formal hearing of his case.  

On 19 March 1984, the FPEB upheld the decision of the IPEB for the recommended discharge with severance pay and a compensable disability rating of 10 percent.  The applicant disagreed with the decision of the FPEB recommendation.  

On 6 June 1984, a supplement to the FPEB findings and recommendation indicated the applicant’s medical condition degree of impairment was permanent.

On 6 June 1984, officials with the Office of the Secretary of the Air Force (SAF) determined the applicant was physically unfit for continued military service and directed he be discharged for physical disability with entitlement to severance pay.  

On 13 July 1984, the applicant was honorably discharged with severance pay in the grade of sergeant (E-4).  

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AIR FORCE EVALUATION:

AFPC/DPFD recommends denial, indicating the preponderance of evidence reflects that no error or injustice occurred during the disability process.  A Physical Evaluation Board (PEB) determines if a member’s medical condition renders them unfit for continued military service.  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 USAF disability boards must rate disabilities based on the member’s condition at the time of evaluation.  It is the charge of the Department of Veterans Affairs (DVA) to pick up where the Air Force must, by law, leave off.

The Department of Veterans Affairs (DVA) operates under Title 38 and is empowered to periodically re-evaluate veterans for the purpose of adjusting the disability rating should the applicant’s degree of impairment vary over time.  In this case, the applicant does not provide any DVA rating decision on his condition nor does he submit any new medical evidence from 1984 that his cardiovascular disability should have been given a higher disability rating.  


A complete copy of the AFPC/DPFD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues that his request is in regards to correcting his discharge paperwork and has nothing to do with any decisions made by the DVA.  The appropriate compensation was not rendered for the premature termination of his military career.  A discharge with a severance pay of ten percent disability is unwarranted for a person found unfit and performing secretarial duties.  His desire is to have his records correctly reflect what is mandated by law, which would be a disability rating commensurate with a permanent disability.  

A complete copy of the applicant’s response is at Exhibit E.

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FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of 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.  The 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.

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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 

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The following members of the Board considered AFBCMR Docket Number BC-2012-05149 in Executive Session on 20 August 2013, 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 A.  DD Form 149, dated 30 October 2012, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPFD, dated 22 January 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 25 January 2013.
     Exhibit E.  Letter, Applicant, dated 2 February 2013.




                                   
                                   Panel Chair


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