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AF | BCMR | CY2007 | BC 2007 03840
Original file (BC 2007 03840.txt) Auto-classification: Denied
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 applicant’s 
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 applicant’s 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 member’s 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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