RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00096
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His entry-level separation be changed to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had an accident in basic training and fell from a utility pole. He was
discharged with disabilities prior to six months on active duty. He
indicates he was not offered the opportunity to seek a medical board.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 11 August 1999 in the grade
of airman basic for a period of four years. He enlisted with a Guaranteed
Training Enlistment Agreement, AF Form 3007, for Electrical System
Apprentice.
On 6 December 1999, a medical statement from the Physician Assistant of the
Student Health Center at the Air Education and Training Command (AETC),
indicated the applicant had persistent knee and hip pain since he fell off
a utility pole two months before. X-rays failed to reveal any fractures.
Rest, medication and physical therapy were prescribed. The medical
statement indicated he should make a full recovery; however it would
require weeks to months of continued rest and therapy. It was recommended
he be considered for reclassifying into a less physically demanding Air
Force Specialty Code (AFSC).
On 4 January 2000, a Record of Administrative Training Action, AETC Form
125A, indicated grounds for disenrollment were not due to factors over
which the applicant had control. It was recommended the applicant not be
considered for reinstatement into the same course at a later date; rather,
he be considered for further technical training. It further indicated the
applicant entered the course on 5 October 1999. On 18 October 1999, he was
removed from training due to appendicitis, but was unable to return to
complete the pole climbing objectives due to an unrelated problem, severe
knee pain. He had been on a profile since 22 November 1999 and had been
receiving therapy. His medical provider felt he would be able to make a
full recovery; however, it would take months of continued rest and therapy
to resolve. Therefore, he was eliminated from the course and the commander
concurred with the medical provider’s recommendation of reclassification
into a less physically demanding career field. During the short time the
applicant attended the course, his behavior and attitude exceeded the
required standards. He did not state a particular interest in any career
field and was unsure if he would like to remain in the service.
On 6 January 2000, the applicant submitted a request for early separation
under the provisions of AFI 36-3208, Air Force nonfulfillment of enlistment
agreement. He indicated he had been medically disqualified from his
guaranteed AFSC.
On 12 January 2000, the unit commander approved the applicant’s request for
separation. He indicated he interviewed the applicant twice. Each
interview involved an explanation of alternative career fields. The
applicant declined consideration of other career fields and declined
retraining.
On 2 February 2000, the convening authority approved the applicant’s
discharge.
On 4 February 2000, the applicant was discharged in the grade of airman
basic, with an Entry-Level Separation, under the provisions of AFI 36-3208
(Defective Enlistment Agreement) and given an Reenlistment Eligibility (RE)
code of 2C (Involuntarily separated with an honorable discharge, or entry-
level separation without characterization of service). He completed 5
months and 24 days of total active duty service.
On 4 August 2001, a Department of Veterans Affairs Rating Decision
indicated the applicant’s medical records showed an injury to his right hip
during a period of active duty service. The findings, when examined by
VAMC Nashville, on 29 August 2000, showed no permanent residual or chronic
disability involving the right hip. In the absence of current medical
evidence showing a chronic right hip disability associated with isolated
injury to the right hip during active military service, service connection
for right hip condition was denied.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. They indicated based on the documentation
on file the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The discharge was within the
discretion of the discharge authority. 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 determined if a member served less than 180 days
continuous active service, it would be unfair to the member and the service
to characterize their limited service. Therefore, his uncharacterized
character of service is correct and in accordance with Department of
Defense and Air Force instruction. An entry-level/uncharacterized
separation should not be viewed as negative and should not be confused with
other types of separation. The applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing. Additionally, the applicant requested the early separation
when he could have retrained into another specialty.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 February 2004, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting partial relief. After
thoroughly reviewing the evidence of record, we are not persuaded the
applicant’s entry-level separation should be changed to an honorable
discharge since the discharge process was initiated prior to the applicant
reaching 180 days of active duty. It appears the applicant’s discharge
processing was appropriate and in compliance with the governing regulation.
However, while the separation program designator (SPD) and narrative
reason of “Defective Enlistment Agreement” are technically correct, we
believe this definition could inadvertently imply a negative action on the
part of the applicant. Rather, due to circumstances beyond the applicant’s
control, he became medically disqualified for the specialty he chose on his
guaranteed enlistment and had the option to separate, which he exercised.
In our view, an SPD code and narrative reason of “JFF/Secretarial
Authority” would give a more neutral impression of the applicant’s
separation. Therefore, we recommend the applicant’s records be corrected
as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that in conjunction with his entry level
separation on 4 February 2000, he was issued a separation program
designator of “JFF,” instead of “KDS,” and a narrative reason of
“Secretarial Authority,” rather than “Defective Enlistment Agreement.”
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2004-
00096 in Executive Session on 21 April 2004, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Frederick R. Beaman III, Member
Mr. Vance E. Lineberger, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 January 2004, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 12 February 2004.
Exhibit D. Letter, SAF/MRBR, dated 13 February 2004.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2004-00096
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that in conjunction with his entry
level separation on 4 February 2000, he was issued a separation program
designator of “JFF,” instead of “KDS,” and a narrative reason of
“Secretarial Authority,” rather than “Defective Enlistment Agreement.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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