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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