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AF | BCMR | CY2006 | BC-2006-00413
Original file (BC-2006-00413.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00413
            INDEX CODE:  100.03, 100.06

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  13 AUG 2007

___________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge characterization be  changed  to  honorable  and  his
reenlistment eligibility (RE) code be changed.
___________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  discharged  for   medical   reasons   and   believes   his
characterization  should  be  honorable.    Prospective   employers
require him to have an honorable discharge characterization  to  be
considered for employment.

In support of his request, the applicant submitted a  copy  of  his
DD Form 214, Certificate of Release or Discharge from Active  Duty,
and DD Form  293,  Application  for  the  Review  of  Discharge  or
Dismissal from the Armed Forces of the United States.

His complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  14  December
1994, in the grade of airman basic.

On  29  March  1995,  his  commander  notified  him  that  he   was
recommending  he  be  discharged  from  the  Air  Force  under  the
provisions of AFI  36-3208,  Administrative  Separation  of  Airmen
(entry-level failed medical/physical procurement  standards).   The
specific reason for his action was based on  a  Medical  Evaluation
Board, which met at Wilford Hall Medical Center on 2 March 1995 and
found that the applicant did not meet the minimum medical standards
to join the Air Force.  Specifically, applicant did  not  meet  the
standards to join the Air Force because of asthma.

The applicant was advised of his rights in the matter.  On 29 March
1995, he acknowledged receipt of the notification, waived his right
to consult counsel, and elected not to submit statements on his own
behalf.

The discharge authority approved the separation and  directed  that
applicant  be  separated  with   an   uncharacterized   entry-level
separation for failing medical/physical procurement standards.   He
was separated  from  the  Air  Force  on  6  April  1995,  with  an
uncharacterized entry-level separation, and received an RE code  of
4C, ”Failed Medical/Physical  Procurement  Standards.”   He  served
3 months and 23 days on active duty.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  based   upon   the
documentation in the master personnel  records  the  discharge  was
consistent with the procedural and substantive requirements of  the
discharge regulation.  Additionally, the discharge was  within  the
discretion of the discharge authority.

The applicant did not submit  any  new  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 or his RE code.

According to DPPRS, Airmen are given an uncharacterized entry-level
separation 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
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 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 3 Mar 06, for review and comment within 30  days.   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 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  to  warrant
changing the applicant’s discharge characterization or reenlistment
eligibility (RE) code.  We took notice of the applicant’s  complete
submission in judging the merits of the  case,  however;  we  agree
with the opinions and recommendations of the Air  Force  office  of
primary responsibility and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of  an  error
or injustice.   Therefore,  in  the  absence  of  evidence  to  the
contrary, 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-2006-00413 in  Executive  Session  on  9  May  2006,  under  the
provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Steven A. Cantrell, Member
                 Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Feb 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 23 Feb 06.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Mar 06.





                                   JAMES W. RUSSELL III
                                   Panel Chair

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