RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02140
INDEX CODE: 110.01, 112.05
XXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 27 September 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
Her date of entry on active duty be changed to April 1983, and her
discharge date be changed to April 1984.
________________________________________________________________
APPLICANT CONTENDS THAT:
The dates and reason for separation are not accurate. Upon reviewing her
record, some were embellished with inaccuracy.
Her reason for separation is incorrect, although no specific relief was
specified.
In 1984, she asked Congressman Green of Brooklyn, NY, to advocate these
issues and the USVA neglected the case.
Applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Air Force Reserve under the Delayed Enlistment
Program (DEP) on 18 May 1983, and entered active duty on 25 October 1983.
On 16 December 1983, applicant was notified of her commander's intent to
recommend her separation for unsatisfactory entry performance or conduct,
with an Entry Level Separation characterization.
The commander stated the reasons for the proposed discharge action were her
lack of aptitude for military service, failure to adapt to the military
environment, failure to make satisfactory progress in a required training
program, reluctance to make the effort necessary to meet Air Force
standards of conduct and duty performance, and lack of self discipline.
The commander advised applicant of her right to consult legal counsel and
submit statements in her own behalf, and that her failure to do so would
constitute a waiver of her right to do so.
On 29 December 1983, applicant submitted statements in her own behalf after
consulting with counsel. On 3 January 1984, the HQ AF Military Training
Center/JAC reviewed the case and found it legally sufficient to support
separation, and recommended an Entry Level Separation characterization.
Applicant was discharged on 6 January 1984 in the grade of Airman (E-2).
She was discharged in accordance with AFR 39-10, paragraph 5-23, for
unsatisfactory entry level performance, with an Entry Level Separation
characterization. She served a total of two months and 12 days of net
active service.
In July 2006, applicant submitted a DD Form 149 to AFPC/DPPAOR. After
reviewing her military records, they returned it on 10 August 2006, as
there was no justification to change her service dates. She was advised
that if she still believed an error or injustice existed, to return the DD
Form 149, with or without additional justification, to SAF/MRBR. She was
also advised that submission of additional evidence (e.g., DD Form 4,
Enlistment Contract, with different dates than the DD Form 214) would help
support her application. The AFPC/DPPAOR advisory to applicant, dated 10
August 2006, is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAOR recommends denial as her active duty time as credited is
accurate IAW AFI 36-2604. After a complete review of her Unit Personnel
Record Group from the National Personnel Record Center, there is no
justifiable documentation that proves she entered active duty in April 1983
and was discharged in April 1984. She submitted a Standard Form 180
sometime in 1984 “to prepare for review of discharge”, and stated on her
form that her dates of active service were from 25 October 1983 to
6 January 1984.
The AFPC/DPPAOR evaluation is at Exhibit D.
AFPC/DPPRS recommends denial as the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was
within the discretion of the discharge authority. Additionally, applicant
did not submit any evidence, provide any facts, or identify any errors or
injustices that occurred in the discharge processing that would warrant a
change to her entry or discharge dates. Airmen are given entry level
separation/uncharacterized service characterization 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 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 in accordance with DoD and Air
Force Instructions.
The AFPC/DPPRS evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 4 May
2007, for review and comment, within 30 days. However, 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 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.
Applicant’s military records do not contain, nor has she provided, any
justifiable documentation that proves she entered active duty in April 1983
and was discharged in April 1984. Additionally, her discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and was within the discretion of the discharge
authority. She did not submit any evidence, provide any facts, or identify
any errors or injustices that occurred in the discharge processing, and her
uncharacterized character of service is in accordance with DoD and Air
Force Instructions. Therefore, in the absence of evidence to the contrary,
we find no compelling basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s) involved. Therefore, the request for a
hearing is not favorably considered.
________________________________________________________________
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-2006-02140
in Executive Session on 11 July 2007, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Mar 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAOR, dated 10 Aug 06, w/atchs.
Exhibit D. Letter, AFPC/DPPAOR, dated 18 Apr 07.
Exhibit E. Letter, AFPC/DPPRS, dated 23 Apr 07.
Exhibit F. Letter, SAF/MRBR, dated 4 May 07.
MICHAEL J. NOVEL
Panel Chair
AF | BCMR | CY2006 | BC-2006-02904
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02904 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 26 MAR 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code be changed from 2C to a favorable one that would allow her to reenlist into the military. We took notice of the applicant’s complete submission in...
AF | BCMR | CY2007 | BC-2006-03426
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03426 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 10 MAY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized entry-level separation be changed to an under honorable conditions (general) discharge. A complete copy of the Air Force evaluation is attached at Exhibit...
AF | BCMR | CY2007 | BC-2007-00098
Therefore, the remaining issue for consideration by the Board is the Narrative Reason for Separation _________________________________________________________________ APPLICANT CONTENDS THAT: It was recommended that she be separated for a medical condition. On 30 March 2006, the applicant was notified of her commander’s intent to recommend her for an entry-level separation for erroneous enlistment for the following reason: SF Form 600, Chronological Record of Medical Care dated 21 February...
AF | BCMR | CY2007 | BC-2007-01342
On 20 April 2007, her commander notified her he was recommending she be discharged from the Air Force for fraudulent entry. The base legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be separated from the service with an entry-level separation. 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.
AF | BCMR | CY2007 | BC-2007-00283
She was advised to file for an honorable discharge six months after being discharged. 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. ________________________________________________________________ The following members of the Board considered Docket Number BC-2007-00283 in Executive...
AF | BCMR | CY2007 | BC-2006-03909
On 23 Mar 06, applicant received an uncharacterized entry-level separation, by reason of entry level performance and conduct, and was issued an RE code of 2C (Entry-level separation without characterization of service). EXAMINER’S NOTE: In similar cases where the applicant received an entry- level separation for academic failure, the Board has recommended the words “and conduct” be removed from the narrative reason for separation. ...
AF | BCMR | CY2007 | Bc-2006-03903
On 23 Mar 06, applicant received an uncharacterized entry-level separation, by reason of entry level performance and conduct, and was issued an RE code of 2C (Entry-level separation without characterization of service). EXAMINER’S NOTE: In similar cases where the applicant received an entry- level separation for academic failure, the Board has recommended the words “and conduct” be removed from the narrative reason for separation. ...
AF | BCMR | CY2007 | BC-2007-00827
Applicant’s complete submission is at Exhibit A. However, at the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. Additionally, the Board noted that airmen are given entry-level separation uncharacterized service characterization when a separation is initiated in the first 180 days of continuous active service.
AF | BCMR | CY2007 | BC-2007-00527
However, after reviewing the applicant’s request and the evidence of record, we find the narrative reason for her entry-level separation; i.e., entry-level performance and conduct, to be overly harsh. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected by deleting the words “and conduct” from Block 28 (Narrative Reason for Separation) on her DD Form...
AF | BCMR | CY2007 | BC-2006-00372
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00372 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY COMPLETION DATE: 20 MAY 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His character of service (uncharacterized), his reentry code (2C) and his narrative reason for separation (fraudulent entry) be changed and/or removed from his DD 214. He started having...