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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