RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02601
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His separation document (DD 214) states entry-level performance and conduct
as reason for separation; however, speeding and other motor vehicle
infractions were obtained prior to enlistment. These infractions should
have been discovered prior to allowing his enlistment.
In support of the application, the applicant submits a copy of his
discharge notification letter, a copy of his separation request, a copy of
the Notification of Nuclear Weapons Personnel Reliability Program Permanent
Decertification/Disqualification Action form, a copy of his receipt of
notification memorandum, a copy of his discharge memorandum, a copy of his
separation document (member 1 & 4), and a copy of the Application for the
Review of Discharge or Dismissal from the Armed Forces of the United
States. The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 December 2003, the applicant enlisted in the Regular Air Force at the
age of 19 in the grade of airman basic (E-1) for a period of 6 years. He
completed Basic Military Training school in January 2003, and was assigned
as a Missile & Space Systems Maintenance Helper.
At the request of the training squadron commander, an initial screening for
a Controlled Personnel Reliability Program (PRP) position was performed.
As a result, significant disciplinary infractions were discovered,
including several preservice violations to include a vehicular speeding
violation, seatbelt violation, careless/reckless driving violation, failure
to keep right, and failure to yield tickets. In addition, the applicant
received a speeding ticket while assigned to his unit.
On 3 May 2004, his commander determined that the applicant had significant
Potentially Disqualifying Information (PDI), and disapproved an
administrative certification recommendation.
On 7 June 2004, the applicant’s commander notified him that he was
recommending he be discharged from the Air Force under the provisions of
AFPD 36-32 and AFI 36-3208, Chapter 5 for Entry Level Performance or
Conduct: failure to make satisfactory progress in a required training
program. Additionally, the commander indicated the applicant had been
reclassified once before in his Air Force career, and had requested
separation in lieu of being reclassified. The applicant acknowledged
receipt of the notification and waived his rights to consult counsel and
submit statements in his own behalf. On 18 June 2004, the discharge case
file was reviewed and coordinated on in the Wing Staff Judge Advocate’s
office. The recommended separation was subsequently approved by the
discharge authority, who directed that the applicant be separated with an
uncharacterized entry-level separation.
On 7 July 2004, the applicant was separated with an entry-level separation
because of Entry-Level Performance and Conduct. He had served 6 months and
22 days on active duty. An uncharacterized character of service was
assigned.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states based on the documentation
on file in the master personnel records, the discharge was consistent with
the procedural and substantive requirements of the discharge regulation,
and the discharge was within the discretion of the discharge authority.
DPPRS asserts 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 (DoD) determined
if a member served less than 180 days of continuous service, it would be
unfair to the member and the service to characterize their limited service.
Therefore, the applicant’s uncharacterized character of service is correct
and in accordance with DoD and Air Force instructions. DPPRS notes the
applicant did not submit any evidence or identify any errors or injustices
that occurred in the discharge process, nor did he provide any facts
warranting a change to his character of service.
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 for
review and comment on 8 October 2004. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. The Board majority is not persuaded by
the evidence presented that the entry-level separation characterization
received by the former member should be changed to an honorable discharge.
It appears that under the given circumstances at that time, responsible
officials applied appropriate standards in effecting his discharge action.
The applicant’s contentions and supporting documentation were duly noted.
However, his uncharacterized entry level separation was, by regulation,
required based on the fact that separation proceedings were initiated
within 180 days of his entry on active duty. In view of the number of
disciplinary incidents that occurred and the fact that the applicant was
reclassified into another career field on one previous occasion during this
time period, the Board majority does not find an exception to this policy
is warranted in this case. Therefore, based on the available evidence of
record, the Board majority finds no basis upon which to favorably consider
this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 1 March 2005, under the provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Ms. Carolyn B. Willis, Panel Member
Ms. Jan Mulligan, Panel Member
By a majority vote, the members voted to deny the request. Mr. Charles E.
Bennett voted to correct the record and did not desire to submit a minority
report. The following documentary evidence was considered in AFBCMR BC-
2004-02601:
Exhibit A. DD Form 149, dated 5 Sep 04 w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 1 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 8 Oct 04.
CHARLES E. BENNETT
Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of , AFBCMR BC-2004-02601
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied. I concur with that finding and their conclusion that
relief is not warranted. Accordingly, I accept their recommendation that
the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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