RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
03316
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  01 MAY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His  uncharacterized  entry  level  separation  be  changed  to  an
honorable discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He has been receiving benefits since his discharge.  He would  like
his discharge upgraded to honorable so  that  he  can  continue  to
receive benefits.  He believed his discharge  was  under  honorable
conditions.  In Apr  05,  he  discovered  that  his  discharge  was
uncharacterized.  Now he is no longer eligible for  benefits.   The
Department of Veterans Affairs no longer accepts an uncharacterized
discharge as a valid discharge.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 Mar  93,  in  the
grade of airman basic (E-1), for a period of four years.

On 21 Jul 93, applicant was notified of his commander’s  intent  to
recommend him for an entry-level separation for minor  disciplinary
infractions.  The reasons for the proposed action were: (1)  On  or
about 23 Jun 93, he failed his room  inspection  and  was  verbally
counseled; (2) On 3 Jun 93,  he  received  a  Letter  of  Reprimand
(LOR), with  an  Unfavorable  Information  File  (UIF)  entry,  for
failure to return from leave at his appointed time; (3) On  22  Jun
93, he received a Letter of Counseling (LOC) for failure to go to a
mandatory appointment for dorm guard duty; (4) On  25  Jun  93,  he
received an LOR, with a UIF entry, for failing  a  room  inspection
for the second time; (5) On 13 Jul 93, he received an LOR,  with  a
UIF  entry,   for   displaying   improper   behavior   and   making
inappropriate comments directed to a student leader; (6) On 13  Jul
93, he received an LOR, with UIF  entry,  for  violating  a  lawful
general regulation by being in civilian clothing while in  Phase  I
Military Training; (7) On 13 Jul 93, he received an LOR,  with  UIF
entry, for willfully  violating  a  lawful  general  regulation  by
departing the base in civilian clothing while in Phase  I  training
status without proper authority and proceeded to the  airport  with
intent to go absent without leave (AWOL); and (8) On 15 Jul 93,  he
received an LOR, with UIF entry, for  violating  a  lawful  general
regulation by allowing a female student to be in his  room  between
the hours of 2100 and 2200 hours and assaulting the female  student
while she was in his room.  On 20 Jul 93,  the  squadron  commander
recommended  applicant  be  disenrolled  from  training  for  minor
disciplinary infractions.

On 21 Jul 93, applicant waived his option to consult legal  counsel
and to submit statements in his own behalf.   On  27  Jul  93,  the
discharge authority directed an entry-level separation.

On 29 Jul 93, applicant  received  an  uncharacterized  entry-level
separation, by reason of entry level performance, and was issued  a
reenlistment eligibility (RE) Code of 2C  (involuntarily  separated
with an entry-level separation).  He served 4 months  and  19  days
active military service.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided  a  copy  of  an
investigation report, which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, 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.   The  discharge  was  within  the  discretion  of  the
discharge  authority.   Additionally,  the  applicant  provided  no
evidence or identified any errors or injustices  that  occurred  in
the discharge processing.  He provided no facts warranting a change
to the character of service.

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  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.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 Nov 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not been received by this office (Exhibit E).

On 15 Dec 05, a  copy  of  the  FBI  Report  of  Investigation  was
forwarded to the applicant for review and  comment.   To  date,  no
response has been received by this office.  (Exhibit F)

___________________________________________________________________

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.   The  discharge
appears to be in compliance with the governing regulation.   Airman
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  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 regulations.  The applicant has provided no evidence  showing
that his discharge is  in  error  or  contrary  to  the  prevailing
regulation.  Therefore, based on the available evidence of  record,
we find no basis upon which to favorably consider his request.

___________________________________________________________________

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 Docket Number BC-2005-
03316 in Executive Session on 24 January 2006, under the provisions
of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. Vance E. Lineberger, Member
      Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Oct 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 14 Nov 05.
    Exhibit E.  Letter, SAF/MRBR, dated 18 Nov 05.
    Exhibit F.  Letter, AFBCMR, dated 15 Dec 05.




                                   MARILYN M. THOMAS
                                   Vice Chair