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AF | BCMR | CY2012 | BC-2012-05663
Original file (BC-2012-05663.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05663
		
  			COUNSEL:  NONE
		
			HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be changed to reflect a medical retirement.

________________________________________________________________

APPLICANT CONTENDS THAT:

When he out-processed, he had a paper physical.  He asked about 
his ear issues, flat feet and ankle pain and was told the 
Veteran’s Hospital would take care of him.  However, that did 
not happen until 2001.  He believes his disability rating should 
have begun on the date of his discharge.  That would have 
happened had he had a proper military physical.

In support of his appeal, the applicant submits his DD Form 214, 
Report of Separation from Active Duty and excerpts of his 
medical records.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served from 30 May 1973 through 29 May 1977.  The applicant’s 
narrative reason for separation is listed as release from active 
duty and his service was characterized as honorable.  He was 
credited with 3 years, 11 months and 28 days of active duty 
service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  A review of the applicant’s 
Master Personnel Record reflects that he was separated from the 
Air Force with a Separation Program Designator (SPD) code of 
“MBK” and narrative reason of “Completion of Required Active 
Military Service.”  The SPD code “MBK” is used for members that 
have completed their required active service required by the 
active duty orders.  

There is no error on the applicant’s DD Form 214.

The complete DPSOR evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 February 2013, for review and comment within 
30 days (Exhibit C).  As of this date, this office has received 
no response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant’s complete submission in judging the merits of 
the case; however, we agree with the opinion and the 
recommendation of APFC/DPSOR and adopt their rationale as the 
basis for our conclusion and find that the applicant has not been 
the victim of an error or injustice.  Therefore, in the absence 
of evidence to the contrary, we find no basis to recommend 
favorable consideration of the applicant’s request.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-05663 in Executive Session on 12 September 2013, 
under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dtd 9 Jan 13, w/atchs.
    Exhibit B.  Letter, AFPC/DPSOR, dtd 18 Jan 13.
    Exhibit C.  Letter, SAF/MRBR, dtd 8 Feb 13.





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