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AF | BCMR | CY2013 | BC 2013 02031
Original file (BC 2013 02031.txt) Auto-classification: Denied
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.

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