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AF | BCMR | CY2006 | BC-2005-01582
Original file (BC-2005-01582.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01582
      INDEX CODE:  110.00

      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  14 SEPTEMBER 2006

________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized  discharge  be  upgraded  to  general  (under  honorable
conditions).

________________________________________________________________

APPLICANT CONTENDS THAT:

He can be a valuable asset  to  the  Air  Force.   The  incidents  in  basic
military training had  many  contributing  factors  and  other  people  were
involved.  Who he was then is not who he is now.

In support of the application, the applicant  submits  his  Application  for
the Review of Discharge from the Armed Forces of the United States.

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 12 October 2004, the applicant enlisted in the Regular Air Force  at  the
age of 18 in the grade of airman basic (E-1) for a period of 6 years.

The applicant  self-referred  to  the  Behavioral  Analysis  Service  (BAS),
Department of Mental Health at Wilford Hall Medical Center  because  he  was
having a difficult time adjusting to military life.  During  the  course  of
the interview, he admitted to a history of significant psychological  trauma
and  prior  use  of  marijuana  approximately  three  times.   The  examiner
rendered a diagnosis of Axis I  Adjustment  Disorder  with  Depressed  Mood.
The  examiner  indicated  that  the  applicant’s  diagnosis  did  not   meet
retention standards for continued military service and that his  ability  to
function  in  the  military  environment  was  significantly  impaired.   He
recommended expeditious administrative separation.

On 22 October 2004, the applicant’s  commander  notified  him  that  he  was
recommending the applicant  be  separated  from  the  Air  Force  under  the
provisions of AFPD 36-32 and AFI 36-3208, Chapter 5, Section  5C,  Defective
Enlistments, paragraph  5.15,  for  Fraudulent  Entry.   The  applicant  was
advised  of  his  rights.   The  applicant  acknowledged  receipt   of   the
notification and waived his rights to consult counsel and submit  statements
in his own behalf.  In a legal review of the discharge case  file  dated  25
October 2004, the  Chief,  Adverse  Actions,  found  the  file  was  legally
sufficient and recommended that the applicant be separated from the  service
with  an  entry  level  separation.   On  26  October  2004,  the  discharge
authority approved the recommended separation and directed the applicant  be
discharged with an uncharacterized separation.

On 28 October  2004,  the  applicant  was  separated  with  an  entry  level
separation for Fraudulent Entry.  He had served 5  months  and  19  days  on
active duty.  A reenlistment eligibility  (RE)  code  of  2C  (Involuntarily
separated with an honorable discharge  or  entry  level  separation  without
characterization 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.
 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  (Exhibit
D).

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27  May
2005 for review and comment.  As of this date, this office has  received  no
response.

________________________________________________________________
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.  Evidence has not been provided that  would
lead us to believe the applicant’s discharge was  erroneous  or  unjust.   A
military  clinical  psychologist  rendered  the  above-cited  diagnosis  and
recommended the applicant’s separation from the service.  We  have  seen  no
evidence by the  applicant  indicating  the  information  contained  in  his
medical records and discharge case file is erroneous, he  was  not  afforded
all rights to which he was entitled, or that  his  commanders  abused  their
discretionary authority.  Furthermore, the applicant  provided  no  evidence
showing that he would be able to  effectively  perform  his  duties  in  the
highly structured military environment.  In the  absence  of  such  evidence
and based on the circumstances presented in the case at this time,  we  find
no basis on which to favorably consider this application.
________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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-
01582 in Executive Session on 10 January 2006, under the provisions  of  AFI
36-2603:

           Mr. Michael J. Novel, Panel Chair
           Ms. Renee M. Collier, Member
           Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 17 May 05 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 26 May 05.
     Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.



                                  MICHAEL J. NOVEL
                                  Panel Chair

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