RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03840
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to read honorable, due to medical reasons
instead of uncharacterized.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He believes his problem with his right (dominant) hand
constituted a medical discharge instead of an uncharacterized
discharge.
In support of his request, the applicant provided extracts of
his Department of Veterans Affairs (DVA) disability rating
decision documents and a copy of his separation order.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 15 May 07 and
served for a period of 1 month and 5 days.
On 19 May 07, the applicant slipped and fell (due to a wet
floor) as he was trying to rush out of the latrine while in
basic training. He was seen at Wilford Hall Medical Center
(WHMC). He returned to WHMC for further evaluation due to
bruising and swelling each day from 20 to 22 May 07.
On 22 May 07, the applicant was placed on medical hold and
diagnosed with cellulitis. He was admitted to WHMC on 23 May
07, pending surgery.
In the notification of pending discharge action, the commander
cited failure to adapt to the military environment and
reluctance to make the effort necessary to meet Air Force
standards of conduct and duty performance as the reasons for
recommending discharge.
On 4 Jun 07, the applicant wrote a statement requesting
discharge and stated he did not wish to complete his training.
Additionally, in his request, he stated he had been briefed by
the discharge processor, that he understood he would not be
entitled to reenlist, that he would be discharged for
performance, and that he would receive an entry-level separation
with a reenlistment code of 4M, and that entry-level performance
and conduct would be the reason entered on his DD Form 214.
On 15 Jun 07, the applicant waived his right to consult counsel
and submit statements in his own behalf.
On 15 Jun 07, the discharge authority approved the applicants
discharge and on 19 Jun 07 he was discharged with a voluntary
uncharacterized entry-level separation for entry level
performance and conduct.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. Based on 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
discharge authority.
The applicant did not submit any evidence or identify any error
or injustices that occurred in the discharge processing. He
provided no facts warranting a change to his discharge.
DPSOS states that airmen are given entry-level separation and
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 less
than 180 days continuous active service, it would be unfair to
the member and the service to characterize their limited
service. Therefore, the applicants uncharacterized character
of service is correct and in accordance with DoD and Air Force
instructions.
The complete AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSD recommends denial. On 4 Jun 07, the applicant
requested to be separated from the Air Force. DPSD states that
there was not enough evidence to indicate if the applicant would
have required a medical board under the authority of AFI 35-
3212, Physical Evaluation for Retention, Retirement, and
Separation, for his condition to be referred into the Disability
Evaluation System. Therefore, the members condition did not
rise to a level to qualify for a medical discharge.
The complete AFPC/DPSD evaluation is at Exhibit D.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 11 Jan 08 for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
response.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. 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 offices of primary
responsibility and adopt their 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 Docket Number BC-
2007-03840 in Executive Session on 28 February 2008, under the
provisions of AFI 36-2603:
XXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXX, Member
The following documentary evidence was considered for Docket
Number BC-2007-03840:
Exhibit A. DD Form 149, w/atchs, dated 20 Nov 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFPC/DPSOS Memorandum, dated 14 Dec 07.
Exhibit D. AFPC/DPSD Memorandum, date 19 Dec 07.
Exhibit E. SAF/MRBR Letter, dated 11 Jan 08.
XXXXXXXXXXXXXXXXX
Panel Chair
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