RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04232
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be granted a medical discharge.
2. His NGB Form 22, National Guard Bureau Report of Separation and Record of Service, effective 15 Sep 03, be corrected to reflect the correct total years of service.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He should have received a disability rating at the time of discharge since his varicose vein problems caused his separation. According to his medical records and flight surgeons statements, he was clearly discharged for medical reason.
2. His NGB Form 22, effective 30 Apr 99 and 15 Sep 03, were incorrectly prepared by a typewriter. As such, corrections will enable him to be eligible for Department of Veterans Affairs (DVA) retirement benefits.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air National Guard (ANG) on 15 Feb 01 as a prior service member.
On 7 Apr 03, the Chief of Aerospace Medicine determined the applicant was medically disqualified for continued service in accordance with AFI 48-123, Medical Examination and Standards, due to severe and symptomatic varicose veins.
On 22 May 03, the applicant was disqualified from performing any military duty.
On 25 Jun 03, the applicant was notified that the ANG Surgeon Generals Office (ANG/SG) determined he was medically disqualified and was recommended for discharge.
On 15 Sep 03, the applicant was honorably discharged. The authority and reason for his separation was AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, ineligible for worldwide deployment. He was credited with 14 years, 2 months, and 24 days of total service for pay.
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/SGPA recommends denial in regards to the applicant being granted a medical discharge, indicating there is no evidence of an error or an injustice. The applicant contends his discharge was based on a physical disqualification and he therefore should have received a medical discharge. However, according to documentation submitted by the applicant, his medical condition was present for fourteen years during prior service with another branch of the military. His condition required wavier consideration for worldwide duties in accordance with AFI 48-123. He was found medically disqualified from the ANG on 22 May 03. Also, there is no Line of Duty (LOD) Determination to show any service aggravation while serving on orders in the ANG. As such, the applicant is not eligible for medical discharge from the ANG since his condition would be considered a non-duty related medical condition.
A complete copy of the NGB/SGPA evaluation is at Exhibit C.
ARPC/DPTT recommends denial in regards to correcting the applicants total years of service annotated on his NGB Form 22, dated 15 Sep 03, indicating there is no evidence of an error or an injustice. For the timeframe in question, the applicant received full credit for 14 years, 2 months, and 24 days of military service; which is correctly annotated. However, as the applicant contends, his NGB Form 22, dated 30 Apr 99 does reflect 16 years, 11 months, and 13 days total years of service. In accordance with Department of Defense Instruction (DoDI) 1215.07, Service Credit for Non-Regular Retirement, and Title 10 USC § 12732, time spent working as a civilian is considered non-creditable service. During the years of 1986, 1990, and 1999, the applicant spent time working as a civilian. Therefore, the number of years of service on his NGB Form 22, dated 30 Apr 99, is incorrect. However, the applicants current NGB Form 22, dated 15 Sep 03, properly credits him with 14 years, 2 months, and 24 days of military service. Based on the applicants service history, he has been properly credited with the total accumulation of 19 years, 6 months, and 25 days of civilian and military service.
A complete copy of the ARPC/DPTT evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 20 May 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E.)
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FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. The 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 applicants failure to file in a timely manner.
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THE BOARD DETERMINES THAT:
The application was not timely file 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-2013-04232 in Executive Session on 1 Jul 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary pertaining to AFBCMR Docket Number BC-2013-04232 evidence was considered:
Exhibit A. DD Form 149, dated 4 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, NGB/SGPA, dated 3 Dec 13.
Exhibit D. Letter, ARPC/DPTT, dated 29 Apr 14.
Exhibit E. Letter, SAF/MRBR, dated 20 May 14.
Panel Chair
4
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