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 VolRetirement 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 applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants 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 VolRetirement 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 applicants 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 applicants 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 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 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.
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