RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04706 COUNSEL: XXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His uncharacterized entry-level separation be changed to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: While undergoing training at the Defense Language Institute (DLI) he became depressed after learning that he and his fiancée had to make a life altering decision of aborting their unborn child due to his fiancée undergoing an x-ray. Although he was depressed and began having nightmares, his duty performance never wavered. He never received any negative or derogatory remarks or comments regarding his service. In support of his request, the applicant provides an expanded statement and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 12 Mar 91, the applicant contracted his enlistment in the Regular Air Force. On 17 Jun 91, the applicant’s commander notified him that he was recommending his discharge from the Air Force for failure to adapt to the military environment. The specific reason for the discharge action was that on or about 26 Apr 91, the applicant expressed to his Student Training Advisor that he was very unhappy and felt extremely lonely and did not belong in the Air Force. This is evidenced by a Memorandum for Record dated 14 May 91. The Report of Mental Status Evaluation, dated 29 May 91, reflects the applicant had difficulties in developing and maintaining interpersonal relationships, which contributed to his inability to adjust to a military environment. The mental evaluation further indicated the applicant’s lack of motivation would likely result in unsatisfactory military performance. The commander advised him of his rights in the matter. On 18 Jun 91, after consulting with legal counsel, the applicant acknowledged receipt of the notification of discharge and waived his right to submit a statement in his own behalf. The legal office reviewed the case, found it legally sufficient to support separation, and recommended the applicant be furnished an entry-level separation. On 8 Jul 91, the discharge authority directed the applicant be furnished an an entry-level separation with uncharacterized service, without probation and rehabilitation. On 11 Jul 91, he was discharged and was credited with four months of active service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial, indicating there is no evidence of an error or injustice. Airmen are given an entry-level separation with uncharacterized service when separation is initiated with the first 180 days of continuous active service. It was determined by the Department of Defense (DOD) that if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service. In addition, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The applicant has not submitted any evidence or identified any errors or injustices that occurred in the discharge processing. He has provided no facts to warrant a change to his discharge. The complete AFPC/DPSOS 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 24 Feb 12 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred during the discharge process. Based on the available evidence of record, it appears the applicant’s entry-level separation for failure to adapt to the military environment was consistent with the substantive requirements of the governing instructions and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe his entry-level separation with uncharacterized service was improper or contrary to the provisions of the governing directive, or the RE code issued in conjunction with his entry-level separation was erroneous or inappropriately assigned. Therefore, absent evidence the applicant was not afforded rights to which he was entitled, there was an abuse of discretionary authority, or appropriate standards were not applied, we find no basis to recommend granting the requested relief. _________________________________________________________________ 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-2011-04706 in Executive Session on 14 Jun 12, under the provisions of AFI 36-2603: Vice Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Nov 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter HQ AFPC/DPSOS, dated 7 Feb 12. Exhibit D. Letter, HQ AFPC/DPSOA, dated 24 Feb 12. Vice Chair