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AF | BCMR | CY2006 | BC-2005-03721
Original file (BC-2005-03721.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03721
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

      MANDATORY CASE COMPLETION DATE: 9 Jun 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be  changed  to  reflect  he  was
discharged with a general (under honorable conditions) discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was willing to serve but was discharged because of  a  pre-existing  knee
condition.

In support of his request, applicant provided documentation associated  with
his  Discharge  Review  Board  appeal.   His   complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  3
Aug 89.  A Medical Evaluation Board (MEB) convened on 18 Aug 89 to  evaluate
the applicant's diagnoses of patellofemoral pain with evidence  of  previous
medial collateral  ligament  injury  and  persistent  tenderness.   The  MEB
recommended he  be  discharged  from  the  service  by  reason  of  physical
disability which existed prior  to  service  and  had  not  been  aggravated
permanently.  On 28 Aug 89, he was separated with uncharacterized  character
of service for failing  to  meet  physical  standards  for  enlistment.   He
served 26 days on active duty.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states based on  the  documentation  in
the  master  personnel  record,  his  discharge  was  consistent  with   the
procedural and substantive requirements of the discharge regulation and  was
within the discretion of the discharge authority.  He  did  not  submit  any
evidence or identify any errors in his  discharge  processing.   Airmen  are
given entry-level separation when separation is initiated within  the  first
180 days of active service in accordance  with  a  DoD  determination.   His
uncharacterized character of service is correct and in accordance  with  DoD
and Air Force instructions.

The DPPRS 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 23  Jan
06 for review and comment within 30 days.  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 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 an error or injustice.  We are not persuaded  by  the  evidence
presented that the uncharacterized entry-level separation  received  by  the
former member should be changed to a general discharge.   We  are  compelled
to note that uncharacterized separation is  not  an  unfavorable  reflection
upon the applicant's military service nor should it be confused  with  other
types of separation.  Rather, as was noted by the Air Force, an  entry-level
separation with uncharacterized service is used in  those  cases  where  the
member has not yet completed six months of service at  the  time  separation
proceedings   were,   for   whatever   reason,   initiated.     Hence,    an
uncharacterized separation merely connotes the brevity  of  an  individual's
membership in the service and may not, in and of  itself,  be  viewed  as  a
defamation of character.   In  instances  where  a  former  member  has  not
completed six months of service, characterization of his or her  service  is
normally appropriate when  extenuating  factors  exist.   However,  after  a
thorough review of the applicant's submission and the  evidence  of  record,
we  see  no  evidence  of  any  extenuating  circumstances  in  this   case.
Therefore, in  the  absence  of  persuasive  evidence  indicating  that  the
applicant was deprived of rights to which  entitled  or  that  inappropriate
standards were  applied  in  his  case,  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-
03721 in Executive Session on 16 Mar 06, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. LeLoy W. Cottrell, Member
      Mr. Frederick R. Beaman III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 23 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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