RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02628 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His uncharacterized service be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He was told that his discharge would be automatically upgraded to honorable. He was injured during basic training and was discharged. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force, on 13 Apr 10, for a period of six years. On 4 Aug 10, the squadron commander notified the applicant of administrative discharge action for erroneous enlistment. The reason for the proposed action was based on a Standard Form 600, Chronological Record of Medical Care, which indicated that the applicant should not have been able to join the Air Force because of osteochondroma and it was determined the condition did not meet the medical standards to enlist. The commander recommended an entry level separation. On that same date, the applicant acknowledged receipt of the discharge notification, waived his right to consult counsel and to submit statements in his own behalf. On 10 Aug 10, the discharge authority approved the entry level separation. The applicant received an uncharacterized entry-level separation on 11 Aug 10, by reason of “Failed Medical/Physical Procurement Standards,” and was issued an RE code of 4C (Separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test, or void enlistments). He was credited with 3 months and 29 days of active duty service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. They note that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The documentation in the file supports the service characterization. In addition, DPSOS states that airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DOD) determined that if a member served less than 180 days of continuous service, it would be unfair to the member and the service to characterize their limited service. Therefore, his uncharacterized service is correct and is in accordance with DoD and Air Force instructions. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. The complete AFPC/DPSOS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 Sep 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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 members of the Board considered AFBCMR Docket Number BC-2011-02628 in Executive Session on 10 April 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 8 Sep 11. Exhibit D. Letter, SAF/MRBR, dated 30 Sep 11. Panel Chair