RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02186
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The reason for separation on his DD Form 214, Certificate of
Release or Discharge from Active Duty, item 30, should read
Discharge due to disability, and not Convenience of the
Government, Did not meet the minimum medical standards for
enlistment.
APPLICANT CONTENDS THAT:
He is trying to purchase a home using a Department of Veterans
Affairs (DVA) home loan, which requires a Certificate of
Eligibility. Although he received one in the past, he was
recently denied the Certificate because of his DD Form 214
information.
According to DVA rating decision 29505526, he was found to be
qualified for enlistment. Item D states There is evidence of
aggravation of the right knee during service to the extent he
became unable to perform assigned military duties.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 8 May 72, the applicant entered the Regular Air Force.
On 8 Jun 72, a medical board convened and determined that based
on a pre-existing knee condition, that required knee surgery
prior to enlistment, the applicant should be discharged. The
board concluded that the physical defect in the knee precluded
full utilization in the military service.
On 15 Jun 72, he was honorably discharged with an entry level
separation. He was credited with 1 month and 8 days of active
service.
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. The applicant did not provide any
evidence that an error or injustice occurred in processing his
discharge. Based on the documentation in the applicants master
personnel records, the discharge was appropriately administered
and within the discretion of the discharge authority.
He had right knee surgery in 1969 and continued without incident
until he entered the military. Following his knew surgery in
1969; it was recommended he have a second operation to remove a
fragment that was still present in the right knee. The second
surgery was not performed. During the first month of his
training, his right knee became so painful that he couldnt
continue in training. An orthopedic evaluation on 8 Jun 72
shows he was admitted to the central base dispensary with a
chief complaint of right knee pain. He had been seen in the
orthopedic clinic earlier and was given the diagnosis of mild
chondromalcia of the right knee. This condition can remain
asymptomatic if one is not exposed to physical activity, but may
become symptomatic if engaged in strenuous activities such as
basic military training as was the case here.
The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOR recommends denial indicating the applicant has not
filed a timely petition. It has been 42 years since the
applicants discharge and no reason was given for not submitting
a petition within three years of discharge. The discharge was
consistent with the procedural and substantive requirements of
the discharge regulation and was within the discretion of the
discharge authority.
There was no evidence of an error or injustice in the processing
of the discharge. A Jun 82 medical board concluded that the
applicant had a pre-existing medical condition that should have
precluded him from enlisting in the Air Force. Hence, the
decision to discharge the applicant was correct and in
accordance with the discharge regulation.
The complete DPSOR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant is in total disagreement with item 6 where it
states he did not provide any evidence that an error or
injustice occurred during the process of his discharge. He
highlights the evidence he sent includes the following:
a) His DD Form 214 which states in box 30 remarks Did not meet
the minimum medical standards for enlistment;
b) A copy of the DVA rating decision, item F, paragraph 1,
sentence 2 which reads, Examination 05/01/1972, He was
found to be qualified for enlistment;
c) A copy of the DVA rating decision, item D, paragraph 1,
sentences 1 and 3 stating Veteran had surgery to the right
knee prior to entering active duty. There is evidence of
aggravation to the right knee during service to the extent
he became unable to perform assigned military duties;
d) A copy of his previous Certificate of Eligibility when he
bought a home in 1996.
He strongly disagrees with the statement made that he asked for
the discharge. He stayed in civilian quarters while his
Sergeant fought on his behalf to stay in the service.
The reason for the delay in asking for the change in Box 30 on
his DD Form 214 was because he had not had trouble when he
purchased his first home back in 1996. As he previously stated,
he was denied the Certificate of Eligibility in 2014 and was
informed that the information should be changed to Discharged
due to disability.
The applicants complete submission is at Exhibit E.
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.
THE BOARD DETERMINES 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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-02186 was considered:
Exhibit A. DD Form 149, dated 27 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AETC/SGPS, dated 9 Sep 14.
Exhibit D. Memorandum, AFPC/DPSOR, dated 12 Dec 14.
Exhibit D. Letter, Applicant, dated 20 Jan 15.
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