RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03852
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized entry-level separation be changed so that he may
reenlist into the Armed Forces.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a bit young when he failed the security specialist training.
However, he had all intentions to serve his country and now wishes the
error can be resolved so he can have a chance to reenlist.
In support of his appeal, the applicant has provided a personal
statement and a copy of AF Form 293, Application for the Review of
Discharge or Dismissal from the Armed Forces of The United States.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
10 May 1991 for a term of four years. The applicant was involuntarily
discharged under the provisions of AFR 39-10, Administrative
Separation of Airmen (entry-level performance) with service
uncharacterized. He served 2 months and 27 days of total active
military service.
On 1 August 1991, the commander notified the member that he was being
discharged for unsatisfactory entry-level performance. The commander
recommended applicant receive an entry level separation based on a
report of evaluation from the Behavioral Analysis Service, Division of
Mental Health, Wilford Hall Medical Center, which reported that the
applicant was having difficulty in training and felt that applicant
was trying his best. Applicant’s DSM III-R diagnosis characterized
him as having an adjustment disorder with mixed emotional features.
Applicant’s ability to function in the military was noted as being
significantly impaired. The applicant acknowledged receipt of the
notification of discharge and waived his rights to consult with legal
counsel and submit statements in his own behalf. The base legal office
reviewed the case and found it legally sufficient to support
separation. They recommended applicant be separated from the service
with an entry-level separation. The discharge authority approved the
separation and directed that the applicant be separated with an
uncharacterized entry-level separation.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial and stated that 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. This discharge was within the discretion of the
discharge authority. Applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing. He provided no facts warranting a change to his character
of service or his reenlistment eligibility code.
Airmen are given entry-level separation/uncharacterized service
characterization when separation is initiated in the first 180 days
continuous active service. The Department of Defense (DoD) 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 DoD and Air Force instructions.
AFPC/DPPRS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and stated he acknowledge
the notification of the discharge. As the time passed, he thought
that if at the time of his separation of mixed emotions, he was pushed
and rushed through the Air Force separation process. Though he was
younger, he did his best. He may have made an irresponsible decision
to obtain counsel, but over the years, he knew better and he should
have filed for correction or consulted with legal counsel. He has no
original copies of any military records to actually help or support
him with his comments. However, he contends that he was rushed
through the separation, and he has matured over the years to realize
that he should have contested this decision.
Applicant’s complete submission is at Exhibit E.
_________________________________________________________________
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. After careful consideration
of the circumstances of this case and the evidence provided by the
applicant, we are not persuaded that the applicant's discharge and the
reenlistment code he received were in error or unjust. The Board
notes the discharge and RE code "2C" that the applicant received
indicates an uncharacterized entry-level separation for serving less
than 6 months of service that would be appropriate considering that
the applicant served 2 months and 27 days of active military service.
While the applicant’s contentions are duly noted, we agree with the
opinions and recommendation of the Air Force and adopt its rationale
as the basis for our conclusion that the applicant has not established
that he has been the victim of an error or injustice. Therefore, in
the absence of evidence to the contrary, we find no compelling basis
to recommend granting the relief sought in this application.
4. The applicant’s case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved. Therefore,
the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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 BC-2004-
03852 in Executive Session on 24 February 2005, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. John E. Pettit, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Nov 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 10 Jan 05.
Exhibit D. Letter, SAF/MRBR, dated 14 Jan 05.
Exhibit E. Applicant's Response, 31 Jan 05.
MICHAEL J.NOVEL
Panel Chair
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