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AF | BCMR | CY2006 | BC-2006-02969
Original file (BC-2006-02969.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02969
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 APR 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    Her entry-level separation be upgraded to an honorable discharge.

2.    Her DD Form 214, Certificate  of  Release  or  Discharge  from  Active
Duty, item 11, reflect Surgical Service Helper.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She completed over 180-days on active duty.

In support of her request, the applicant  provided  documentation  extracted
from her military personnel record.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered  active  duty  on  5  March  2006.   On  31  August  2006,
applicant was notified by her commander of his intent to recommend that  she
be discharged from the Air Force under the provisions of AFPD 36-32 and  AFI
36-3208, paragraph 5.22, entry-level performance or conduct.   The  specific
reasons follow:

She failed to perform  her  assigned  duties  properly.   Specifically,  she
failed to make satisfactory progress  in  a  required  training  program  by
failing the block 6, Performance Objective 1c, 1e, 1d, and 1f.  As a  result
of these failures, she was disenrolled from her  technical  training  course
on 28 June 2006.  Prior to disenrollment, she was counseled  concerning  her
academic  failures  and  received  three  hours  of  Special  Individualized
Assistance (SIA).  Efforts to improve  her  academic  performance  met  with
negative results.
On or about 10 May 2006, she was derelict in the performance of  her  duties
in that she willfully failed to refrain  from  copying  information  from  a
written  progress  check  for  objective  8g  Special  Senses.    For   this
misconduct she received a Letter of Reprimand (LOR) on 11 May 2006.

She was advised of her rights in this matter  and  acknowledged  receipt  of
the notification on 5 September 2006.  After consulting  counsel,  applicant
submitted statements on her own behalf.  In  a  legal  review  of  the  case
file, the staff  judge  advocate  found  the  case  legally  sufficient  and
recommended that she be discharged.  On 12  September  2006,  the  discharge
authority concurred with  the  recommendations  and  directed  that  she  be
discharged with an entry-level separation.  Applicant was discharged  on  13
September 2006.  She served 6 months and 9 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states 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 discharged authority.

Airmen   are   given    entry-level    separation/uncharacterized    service
characterization  when  separation  is  initiated  in  the  first  180  days
continuous active service.  The Department of Defense (DoD) determined if  a
member served 180 days or  less  continuous  active  service,  it  would  be
unfair to the member and the service to characterize their limited  service.
 Therefore, her uncharacterized character  of  service  is  correct  and  in
accordance with DoD and Air Force instructions.

Applicant did not submit any evidence or identify any errors  or  injustices
that  occurred  in  the  discharge  processing.   She  provided   no   facts
warranting a change to her uncharacterized entry-level separation.

The DPPRS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 November 2006, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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.  After carefully reviewing the  evidence
of record,  we  are  not  persuaded  that  the  applicant’s  uncharacterized
separation should be changed to reflect an honorable discharge.   An  entry-
level separation with uncharacterized service is used  in  cases  where  the
member has not yet completed six months of service at  the  time  separation
proceedings are initiated, as in the applicant’s case.   In  regard  to  her
request that her DD Form 214, Item 14, Military  Education,  be  amended  to
include her Surgical Service Helper course, we find no  evidence  indicating
successful completion of the course.  Therefore, we agree with  the  opinion
and recommendation of the 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.  In the  absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 this application in  Executive
Session on 13 December 2006, under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Wallace F. Beard Jr., Member
                 Ms. Barbara R. Murray, Member








The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2006-02969 was considered:

   Exhibit A.  DD Form 149, dated 11 Oct 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 26 Oct 06.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 06.





                       JAMES W. RUSSELL III
                       Panel Chair



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