RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00673
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. He be granted a medical retirement in place of his Retired
Reserve status.
2. He be promoted to the grade of Master Sergeant (MSgt/E-7)
and retired in said grade.
APPLICANT CONTENDS THAT:
1. He was unjustly denied a medical retirement. He was
diagnosed with arthritis in his ankles, and repeatedly had to
receive a waiver for his Fitness Assessments (FAs), but a
medical review board never convened for his condition. He also
developed a wrist injury which limited his range of motion and
flexibility. AFI 10-248, Fitness Program, codifies his request
to change his Retired status to Retired for Medical Limitations.
AFI 48-123, Medical Examinations and Standards, lays out minimum
ranges for retention. Had the Medical Squadron followed these
AFIs, he would have been deemed medically limited and thus
medically retired.
2. He was denied the right to be considered for promotion. If
he had been given a permanent medical profile, he would have
been eligible for promotion. He was denied his eligibility due
to failure of his FAs. Had the AFI been followed, he would have
able to sew on MSgt at the time he was slotted for.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
9 Jul 82.
On 15 Sep 85, the applicant was honorably discharged, and was
credited with three years, two months, and seven days of active
service.
On 13 Sep 87, the applicant enlisted in the Air Force Reserve.
On 1 Apr 99, the applicant was promoted to the grade of
technical sergeant (TSgt/E-6).
According to the documentation submitted by the applicant, on
21 Feb 09 and again on 22 Oct 09, he received AF Form 469s, Duty
Limiting Condition Report, recommending duty and mobility
restrictions. On both forms the health care provider checked
code 31 (illness or injury will be resolved within 31-365
days), rather than 37 (medical defect/condition required MEB
or PEB processing).
Under Reserve Order EK-4094, dated 25 May 10, the applicant was
assigned to the Retired Reserve in the retired pay grade of E-6,
effective 30 Sep 10.
The remaining relevant facts pertaining to this application are
contained in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are attached at Exhibits C
and D.
AIR FORCE EVALUATION:
AFRC/SG recommends denial of the applicants request for a
medical retirement, indicating there is no evidence of an error
or an injustice. The applicant was diagnosed with gout. A
review of his medical records and the documentation he submitted
with his application reveal he received repeated medical
profiles preventing him from completing certain components of
the Air Force FA, and appears to have been restricted from
worldwide mobility status from 2008 and forward. However, this
would not entitle him to any form of medical retirement. There
is no evidence to show his gout is related to any period of
service on active duty orders. There is no line-of-duty (LOD)
determination in his record, nor is there a determination that
he was unfit for duty. His gouty arthritis is not an LOD
condition, and he makes no argument for service connection to
his condition. Medical retirement is not offered for non-LOD
conditions.
A complete copy of the AFRC/SG evaluation is at Exhibit C.
AFRC/A1K recommends denial of the applicants request for his
retired grade to be changed to MSgt, indicating there is no
evidence of an error or an injustice. The applicant was not
omitted from being promoted. An enlisted members promotion to
the next higher grade is not based solely on a member meeting
minimum promotion eligibility requirements. Instead, the
Reservist must be submitted for and approved by the promotion
authority, in order for such action to occur. Even if a
permanent physical profile would have made him eligible for
promotion, that does not constitute a promotion approval or
subsequent approved promotion action. There has been no
verifiable action to recommend for or promote the applicant by
the appropriate promotion authority. The conditions required
for promotion to the next higher grade were not met.
A complete copy of the AFRC/A1K evaluation, with attachments, is
at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 7 Oct 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants 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. 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.
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-2014-00673 in Executive Session on 22 Jan 15 under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00673 was considered:
Exhibit A. DD Form 149, dated 12 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFRC/SG, dated 4 Sep 14.
Exhibit D. Memorandum, AFRC/A1K, dated 30 Sep 14, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 7 Oct 14.
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