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AF | BCMR | CY2002 | 0103390
Original file (0103390.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-03390
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed  to  reflect  that  he
received an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His uncharacterized  discharge  is  inequitable  because  he  performed  his
duties and training  assignments  in  an  exemplary  manner.   He  committed
himself to join the Air Force while he was only 16 years old.  On day  eight
of his training, he received news of a medical emergency in  his  family  as
well as the pregnancy of his girlfriend.   Limited  counseling  was  offered
from  his  student  training  advisor  and  commander  and  the  option   of
converting his enlistment to a Reserve or Guard unit was never presented  to
him.  Since his separation he has excelled as a  volunteer  with  the  Civil
Air Patrol  (CAP)  for  4  years  and  has  accomplished  several  community
achievements.  In its current status,  his  discharge  greatly  impedes  his
ability to influence his sons to consider the military as a career option.

In support of his  request,  the  applicant  provided  a  copy  of  his  CAP
Pararescue Orientation Course certificate, an award  he  received  from  the
County  Sheriff,  and  a  character  reference  statement.    His   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 Jul  87  in  the  grade  of
airman first class.  On 3 Sep 87, applicant was notified  by  his  commander
that he was recommending that he be discharged from the Air Force under  the
provisions of AFR 39-10, paragraph 5-22b  for  entry-level  performance  and
conduct.  The specific reasons for his action were his  failure  to  qualify
on the range and he was diagnosed as  having  an  Adjustment  Disorder  with
Mixed Emotional Features.  He was advised of his rights in this matter.   On
3 Sep 87, he acknowledged receipt of the notification, waived his  right  to
consult counsel, and elected not to submit statements  on  his  own  behalf.
In a legal review of his case the deputy  staff  judge  advocate  found  the
case legally sufficient and on 10 Sep 87, the wing commander  directed  that
he be discharged.  He was separated on 14 Sep 87.  He served 2 months and  6
days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS, reviewed  applicant's  request  and  recommends  denial.   DPPRS
states that the Department of Defense (DoD)  determined  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.    His
uncharacterized service is correct and in accordance with DoD and Air  Force
instructions.  The DPPRS 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  8  Feb
02 for review and response within 30 days.  As of  this  date,  this  office
has received no response.

_________________________________________________________________

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 probable error or injustice.   We  are  not  persuaded  by  the
evidence presented that the uncharacterized entry-level separation  received
by the former member should be changed to an honorable  discharge.   We  are
compelled to note that uncharacterized  separation  is  not  an  unfavorable
reflection upon the applicant's military service nor should it  be  confused
with other types of separation.  Rather, as  was  noted  by  the  Air  Force
office  of  primary   responsibility,   an   entry-level   separation   with
uncharacterized service is used in those cases where the member has not  yet
completed six months of service at the  time  separation  proceedings  were,
for  whatever  reason,  initiated.   Hence,  an  uncharacterized  separation
merely connotes the brevity of an individual's  membership  in  the  service
and may not, in and of itself, be viewed as a defamation of  character.   In
instances where a former member has not completed  six  months  of  service,
characterization of his or her service as honorable is normally  appropriate
when extenuating factors exist.  However, after a  thorough  review  of  the
applicant's submission and the evidence of record, we  see  no  evidence  of
any extenuating circumstances in this case.  Therefore, in  the  absence  of
persuasive evidence indicating that the applicant was deprived of rights  to
which entitled or that inappropriate standards were applied in his case,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  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  Docket  Number  01-03390  in
Executive Session on 27 Mar 02, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. James W. Russell III, Member
      Mrs. Barbara J. White-Olson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Dec 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 30 Jan 02.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Feb 02.




                                             TERRY A. YONKERS
                                             Panel Chair

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