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AF | BCMR | CY2006 | BC-2005-01145
Original file (BC-2005-01145.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01145
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  6 October 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  Entry  Level  Separation  be  changed  to   honorable   and   his
Reenlistment Eligibility (RE) code of 2C be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had some medical problems that did not receive proper treatment and
his separation was expedited before he completed over  six  months  of
service so the Air Force would not be responsible for his injury.

He injured himself on 22 Jan 04, when he tripped and fell on an uneven
sidewalk while he was a special force’s trainee.  As a result  of  his
injury, he was unable to academically excel during training.

In support of the  appeal,  applicant  submits  his  DD  Form  293,  a
personal statement, extracts  from  his  discharge  package,  and  his
medical records.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 Nov 03 for a  period
of four years.

On 27 Apr 04, the 382nd TRS/CCQ notified the  applicant  that  he  was
recommending his discharge from the Air Force due to  his  failure  to
make  satisfactory  progress   in   a   required   training   program.
Specifically, the applicant’s failed Progress Checks (PC)  1-2a,  1-2b
twice, 1-3a three times, and 1-4a, with scores  60%,  60%,  50%,  50%,
60%, 60%, and 30%, respectively.  Minimum passing score is 70%.  As  a
result, he was disenrolled from his technical training program  on  18
Mar 04.  Prior to disenrollment, he was  counseled  and  received  3.5
hours of Special Individualized Assistance (SIA).  He is  entitled  to
wear the Air Force Training Ribbon and the  National  Defense  Service
Medal.  He consulted counsel and waived his right to submit statements
for consideration.

On 7 May  04,  the  commander  directed  that  applicant  be  promptly
discharged under the provisions of AFI 36-3208, paragraph  5.22,  with
an entry level separation.

The applicant was separation from the Air Force on 11  May  04,  under
the provisions of AFI 36-3208, with an Entry Level Separation.  He was
assigned a reenlistment eligibility (RE)  code  of  2C.   RE  code  2C
indicates involuntarily separated  with  an  honorable  discharge;  or
entry level separation without characterization of service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no  change  in  the
records is warranted, and states, in part, that applicant responded to
the stress of military  training  and  his  anterior  knee  pain  with
symptoms consistent  with  an  Adjustment  Disorder.   He  voluntarily
sought  help  and  then  disengaged  from  counseling  services.    He
apparently manifested no further symptoms that warranted  a  commander
directed evaluation.  Clinical evidence of the service medical  record
indicates his knee pain complaints  were  out  of  proportion  to  the
objective findings of examination and x-ray  findings.   While  it  is
likely that he experienced anterior  knee  pain  due  to  the  intense
physical exertion and the fall, there was no objective  evidence  that
his knee condition was unfitting for continued service  and  warranted
disability evaluation.

Airmen are  in  entry-level  status  during  the  first  180  days  of
continuous active military service and if  administratively  separated
during this period receive an entry-level separation.  This  discharge
does not attempt to characterize the type of service as either good or
bad.  It is possible for an individual to  receive  a  discharge  with
characterization of service.  An honorable characterization  is  given
by the Secretary of the Air Force when  it  is  clearly  warranted  by
unusual circumstances of personal conduct and performance of  military
duty.  The applicant’s service does not warrant a characterization  of
service.   Airmen  separated  under   provisions   for   entry   level
separations receive a reenlistment code  that  prevents  reenlistment.
The evidence of the record does  not  support  any  consideration  for
change of the reenlistment code.  Action and disposition in this  case
are  proper  and  equitable  reflecting  compliance  with  Air   Force
directives that implement the law.

A complete copy of the BCMR  Medical  Consultant’s  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 Jun 06, a copy of the Air Force evaluation was forwarded  to  the
applicant for review and response.  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 timely filed.

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.
However, we agree with the opinion  and  recommendation  of  the  BCMR
Medical Consultant and adopt the rationale expressed as the basis  for
our decision that the applicant has failed to sustain his burden  that
he has suffered either an error or an injustice.  No evidence has been
provided to reflect he was not treated fairly and properly by the  Air
Force and all procedures were followed.  In  view  of  the  above  and
absent evidence to  the  contrary,  we  find  no  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  this  application  in
Executive Session on 12 July 2006, under the  provisions  of  AFI  36-
2603:

                 Ms. B J White-Olson, Panel Chair
                 Ms. Debra K. Walker, Member
                 Ms. Judith B. Oliva, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-01145 was considered:

      Exhibit A. DD Form 149, dated 1 May 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 26 May 06.
      Exhibit D. Letter, SAF/MRBR, dated 9 Jun 06.




                             B J WHITE-OLSON
                             Panel Chair

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