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AF | BCMR | CY2007 | BC-2006-02140
Original file (BC-2006-02140.DOC) Auto-classification: Denied

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

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