RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02783
INDEX CODE: 110.02
XXXXXXXXXXXXXXXXXXX COUNSEL: NO
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 Mar 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
Her erroneous discharge be upgraded to an honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was only 18 years old when she entered the Air Force and did not
realize the ramifications of being upfront with and doing what her
recruiter told her to do. Her recruiter was aware of her previous mental
health treatment and advised her to withhold the information from MEPS, and
also advised her that as long as she had a letter from her doctor, there
would be no problems with her going into the Air Force. Applicant further
contends that she has passed all of the tests to become a police officer
but they will not hire her due to her discharge, and it is difficult for
her to get a good job at the age of 22.
In support of the appeal, applicant submits two letters from her doctor,
dated 8 January 2002 and 12 March 2002, she contends were given to her
recruiter before she enlisted in the Air Force.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 3 September 2002, applicant enlisted in the Regular Air Force and, while
subsequently attending Security Forces Technical Training, self-referred
herself to the WHMC Behavioral Analysis Service. On 13 January 2003, she
was diagnosed with an adjustment disorder with anxiety and depression which
was determined to have existed prior to service and had not been
permanently aggravated by military service. Applicant was subsequently
notified by her commander on 31 January 2003 that he was recommending her
discharge from the Air Force for erroneous enlistment, and was further
recommending that she receive an entry-level separation. On 31 January
2003, applicant acknowledged receipt of her commander’s notification
memorandum and waived her right to consult counsel as well as submit
statements in her own behalf. Applicant was subsequently discharged from
Active Duty on 7 February 2003 and, since she had served less than 180 days
of continuous active service, was given an entry-level separation with an
uncharacterized service characterization, with a narrative reason for
separation of erroneous entry.
Since the Department of Defense (DoD) has determined that it would be
unfair to a service member and the service to characterize a limited period
of service of less than 180 days, airmen are given entry-level
separation/uncharacterized service characterization when separation is
initiated during the first 180 days of continuous active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied as the applicant did not
submit any evidence or identify any errors or injustices that occurred in
the discharge processing, and has provided no facts warranting a change to
her uncharacterized entry-level separation. They further state the
discharge was within the discretion of the discharge authority and was
consistent with the procedural and substantive requirements of the
discharge regulation. Further, her uncharacterized character of service is
correct and in accordance with DoD and Air Force instructions.
The AFPC/DPPRS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded to the Air Force Evaluation on 21 October 2006, stating
that she was not trying to get back into the Air Force and that she did not
feel the Air Force is trying to cause a hardship for her or her family.
She stated that she does not feel that her discharge is correct since she
did not serve the full 180 days, and reiterated that she is trying to
better herself in the job market so as to better provide for her family,
and that her current discharge makes it very tough and is causing a
hardship.
Applicant also furnished a letter from her mother dated 21 October 2006, in
which she supports applicant’s contentions. Applicant’s mother states
that since the applicant was only 17 years old at the time, she is the one
who kept in contact with her recruiter, and her recruiter was informed that
applicant had been under a doctor’s care for a few months while she was in
high school. Applicant’s mother states that she was told by the recruiter
that if they could get a letter stating applicant’s condition, it would not
be a problem. Applicant’s mother also furnished copies of the same 8
January 2002 and 12 March 2002 letters provided by the applicant, and also
contends they were given to applicant’s recruiter before she enlisted in
the Air Force.
Applicant's complete response is at Exhibit E.
________________________________________________________________
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 as concerns applicant’s Type of
Separation. We are not persuaded by the evidence presented that the entry-
level separation characterization received by the applicant should be
changed to an honorable discharge. While we are not unsympathetic toward
the applicant’s current job dilemma, we note the uncharacterized separation
is not an unfavorable reflection upon her military service nor should it be
confused with other types of separations. 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 applicant’s character. Accordingly, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant’s separation was not erroneous or unjust. Therefore, in the
absence of persuasive evidence indicating that the applicant was deprived
of rights to which she was entitled, we find no compelling basis to
recommend granting the relief sought in this application.
4. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice to warrant changing the applicant’s Narrative
Reason for Separation. After reviewing the evidence of record, it appears
that her separation was proper and in compliance with the appropriate
regulations in effect at the time. However, evidence has been presented
that applicant disclosed her prior service mental health treatment to her
recruiter and may have been advised not to disclose it. Since her record is
clear of any disciplinary problems and the evidence does not support the
fact that she committed an erroneous act during her enlistment processing,
we believe that the benefit of any doubt should be resolved in her favor.
Therefore, we recommend her Narrative Reason for Separation be corrected to
the extent indicated below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that at the time of her discharge on 7
February 2003, the narrative reason for her discharge was “Secretarial
Authority,” with a Separation Program Designator (SPD) code of “KFF.”
The following members of the Board considered Docket Number BC-2006-02783
in Executive Session on 16 November 2006, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James A. Wolffe, Member
Mr. James L. Sommer, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated.7 Sep 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFPC/DPPRS Letter, dated 27 Sep 06.
Exhibit D. Letter, SAF/MRBR, dated 29 Sep 06.
Exhibit E. Letter, Applicant, dated 21 Oct 06, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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