RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01146
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 DEC 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized entry-level separation be upgraded.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was serving in the military in good faith and due to an injury
which was out of his control, his military career was ended.
Additionally, since his discharge, his disability has increased.
In support of his appeal, applicant submitted an extract from his
Veterans Affairs Rating Decision reflecting a new rating of 40%,
effective 28 January 04.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 17 September 1998
for a period of four years in the grade of airman basic.
On 1 October 1998, the squadron commander initiated administrative
discharge action against the applicant for erroneous enlistment.
The reason for the proposed action was that he received a medical
narrative summary that found the applicant did not meet minimum
medical standards to enlist. The narrative summary indicated the
applicant’s diagnosis of back pain existed prior to service (EPTS).
The applicant should not have been allowed to enlist in the Air
Force because of back pain. He did not qualify for a disability
separation. The commander recommended the applicant be given an
entry-level separation. On that same date, applicant acknowledged
receipt of the discharge notification. He waived his right to
consult counsel and to submit statements in his own behalf. He
also acknowledged his understanding of the reasons for his
discharge, and that he would not be entitled to any disability,
retirement, or severance pay. On 5 October 1998, the discharge
authority approved the entry-level separation with service
uncharacterized.
The applicant received an uncharacterized entry-level separation on
6 October 1998, by reason of “failed medical/physical procurement
standards,” and was issued an RE code of 4C. He was credited with
20 days of active duty service.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended denial of the applicant’s request. They
found the discharge was consistent with the procedural and
substantive requirements of the discharge regulation.
Additionally, that the discharge was within the discretion of the
discharge authority. The applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing and he provided no other facts warranting a change to
his character of service.
They also noted that 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 continuous service, it would be unfair to the member
and the service to characterize their limited service.
A complete copy of the 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 22 July 2005 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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 error or injustice. We took notice of
the applicant's complete submission in judging the merits of the
case. The discharge appears to be in compliance with the governing
AFI and we find no evidence to indicate that his separation from
the Air Force was inappropriate. We find no evidence of error in
this case and after thoroughly reviewing the documentation that has
been submitted in support of applicant's appeal, we do not believe
he has suffered from an injustice. Therefore, in the absence of
evidence to the contrary, 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 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 AFBCMR Docket Number
BC-2005-01146 in Executive Session on 19 October 2005, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Wallace F. Beard Jr., Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 14 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 22 Jul 05.
RICHARD A. PETERSON
Panel Chair
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