Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 04025
Original file (BC 2014 04025.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04025

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His narrative reason for separation of “Vol—Retirement for Years 
of Service Established By Law” be changed to reflect that he had 
a service connected disability.


APPLICANT CONTENDS THAT:

A review of his medical records was not conducted prior to his 
retirement to determine if he had a disability.  At the time of 
his separation, his records could not be located so therefore, a 
review to determine his status was never conducted.

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

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


STATEMENT OF FACTS:

According to the applicant’s DD Form 4, Enlistment Contract – 
Armed Forces of the United States, on 13 Oct 69, he entered the 
Regular Air Force.

On 31 Oct 89, the applicant was relieved from active duty with a 
narrative reason for separation of “Vol—Retirement for Years of 
Service Established By Law” and assigned to the Retired Reserve 
until 13 Oct 99.  He was credited with 20 years and 18 days of 
total active service.


AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial indicating there is 
no evidence of an error or an injustice that warrants the desired 
implicit changes of the record.  The Medical Consultant found no 
medical condition that warranted an alternative basis for release 
from military service.  On or about 30 Jun 89 through on or about 
3 Jul 89, the applicant received a separation/retirement physical 
examination.  The separation/retirement physical examination 
documents completed by an Air Force physician, at least in part, 
refutes the contention that a review of his medical records prior 
to retirement was not conducted.  The purpose of such a review 
would have been to determine if an illness or injury was present 
which would preclude release from service or warranted further 
evaluation.  At termination of the applicant’s physical 
examination, the provider found him medically qualified for 
release from military service.  The absence of profile 
restrictions further punctuates the absence of any impediment to 
duty or the elective retirement.  The Medical Consultant found no 
evidence of error or injustice in the applicant’s release from 
service due to completion of required service for retirement.

The complete BCMR Medical Consultant evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 7 Apr 15 for review and comment within 30 days (Exhibit D).  
As of this date, no response has been received by this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s 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 applicant’s 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-2014-04025 in Executive Session on 10 Jun 15 under the 
provisions of AFI 36-2603:

	                   , Panel Chair
	                  , Member
	                        , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-04025 was considered:

	Exhibit A.  DD Form 149, dated 30 Nov 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 18 Mar 15.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Apr 15.

						







Similar Decisions

  • AF | BCMR | CY2010 | BC-2010-04025

    Original file (BC-2010-04025.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04025 COUNSEL: NONE HEARING DESIRED: Yes ________________________________________________________________ APPLICANT REQUESTS THAT: His discharge and reentry code (RE) be changed to allow him to reenter the Armed Services as a commissioned officer. The complete BCMR Medical Consultant evaluation is at Exhibit...

  • AF | BCMR | CY2014 | BC 2014 03909

    Original file (BC 2014 03909.txt) Auto-classification: Denied

    DODI 1332.32, Physical Disability or Medical Disqualification, paragraph E3.P3.2.1, in effect at the time of the applicant’s service reads: “A service member shall be considered unfit when the evidence establishes the member, due to physical disability is unable to reasonably perform the duties of his or her office, grade, rank or rating.” The Medical Consultant concedes a more thorough evaluation of his right knee should have been documented at the time of separation than appears on his...

  • AF | BCMR | CY2013 | BC 2013 02846

    Original file (BC 2013 02846.txt) Auto-classification: Denied

    The applicant must undergo the Disability Evaluation System (DES) processing and be found unfit by a Physical Evaluation Board (PEB) for a medical discharge and there is no evidence of a PEB board convening to make a determination the applicant was either fit or unfit. Furthermore, given the very limited period of active duty training and the onset of complications from his chronic health conditions, the BCMR Medical Consultant finds no objective medical evidence of a service connection...

  • AF | BCMR | CY2013 | BC 2013 03271

    Original file (BC 2013 03271.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03271 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was on Medical Continuation (MEDCON) orders from 1 Dec 2011 through 30 Aug 2012 and that he receive full pay, benefits and service credit for this period. In support of his request, the applicant provides...

  • AF | BCMR | CY2003 | BC-2002-01056

    Original file (BC-2002-01056.doc) Auto-classification: Denied

    The AFBCMR Medical Consultant stated that, at the time of separation from active duty with the Regular Air Force, the applicant’s left knee condition was not “unfitting” for continued active military service. The applicant’s complete submission, with attachments, is at Exhibit F. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The additional advisory opinion is provided following review of the previous AFBCMR action granting the applicant...

  • AF | BCMR | CY2014 | BC 2014 02036

    Original file (BC 2014 02036.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02036 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, Block 28, Narrative Reason for Separation, be changed from “Personality Disorder” to “Bipolar Disorder” or similar mental illness condition. A complete copy of the BCMR Medical Consultant evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR...

  • AF | BCMR | CY2014 | BC 2014 02195

    Original file (BC 2014 02195.txt) Auto-classification: Denied

    AIR FORCE EVALUATION: The BCMR IMA Medical Consultant recommends denial of the request for a medical retirement. Hence, the medical reviewer concludes that there was no unfitting or duty limiting condition of such a degree at the time of separation from active duty service that would have represented a cause for service termination (MEB/PEB process). THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2014 | BC 2014 02246

    Original file (BC 2014 02246.txt) Auto-classification: Denied

    On 16 Jan 98, he was scheduled for his first TDRL re-evaluation and the IPEB reviewed the medical information on 2 Feb 98 and recommended the applicant be removed from TDRL and DWSP with a 10 percent disability rating. Further, it must be noted the Air Force disability boards must rate disabilities based on the member’s condition at the time of evaluation; in essence a “snapshot” of their condition at that time. A complete copy of the Medical Consultant’s evaluation is at Exhibit...

  • AF | BCMR | CY2014 | BC 2014 02759

    Original file (BC 2014 02759.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: BCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice. The bulk of the supplied medical and administrative documentation is related solely to the applicant’s struggles with achieving and maintaining Air Force weight standards while...

  • AF | BCMR | CY1998 | 9801126

    Original file (9801126.doc) Auto-classification: Denied

    On 8 Feb 00, the applicant provided a four-page statement and requested the Board reconsider removal of the APR closing 7 Mar 89 from his records and grant him immediate promotion to the grade of chief master sergeant (see Exhibit J). The applicant is requesting the AFBCMR void his Airman Performance Report (APRs) closing 16 May 88 and 7 Mar 89. Based on the evidence provided, our recommendations are appropriate.