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AF | BCMR | CY2004 | BC-2004-00096
Original file (BC-2004-00096.doc) Auto-classification: Approved


                            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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