RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04084 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: 1. His character of service be changed from Uncharacterized to Honorable. 2. His rank and pay grade reflect “Airman First Class (A1C, E-3),” versus “Airman Basic (AB, E-1).” ________________________________________________________________ APPLICANT CONTENDS THAT: His uncharacterized service is a public burden and the fact his pay grade of A1C (E-3) is not listed on his DD 214 is an injustice. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 24 Oct 07. On 5 Nov 07, the applicant’s commander notified him that he was recommending his discharge from the Air Force for fraudulent entry. The reason for the action was the applicant’s disclosure of his pre-service history of suicide attempts during his mental health evaluation that were not documented on enlistment documents. On 5 Nov 07, the applicant acknowledged receipt of the notification of discharge and waived his rights to consult with legal counsel or submit a statement in his own behalf. On 7 Nov 07, the case was found to be legally sufficient and on 8 Nov 07, the discharge authority directed the applicant be furnished an entry-level separation. On 13 Nov 07, the applicant was furnished an entry-level separation with uncharacterized service and he was not credited with any active service. ________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPSOE recommends denial of the applicant’s request to correct his rank to reflect A1C, indicating there is no evidence of an error or injustice. In accordance with AFI 36-2502, Airman Promotion Program, paragraph 2.1.2, individuals initially enlisting for a period of six years are promoted A1C upon completion of either technical training or 20 weeks of technical training, whichever occurs first. However, the applicant never completed Basic Military Training (BMT) or technical school, but was administratively discharged after serving 20 days on active duty. A complete copy of the AFPC/DPSOE evaluation is at Exhibit C. AFPC/DPSOR recommends denial of the applicant’s request to change character of service, indicating there is no evidence of an error or injustice. Based on the documentation on file in the master personnel records, the discharge to include the service characterization was appropriately administered and within the discretion of the discharge authority. The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge. Airmen are given entry- level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined it would be unfair to the member and the service to characterize a member’s limited service when separation is initiated within the first 180 days of active service. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Jan 13 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 agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their 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-2012-04084 in Executive Session on 23 Apr 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Sep 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 12 Oct 12. Exhibit D. Letter, AFPC/DPSOR, dated 19 Dec 12. Exhibit E. Letter, SAF/MRBR, dated 11 Jan 13. Panel Chair