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AF | BCMR | CY2007 | BC-2006-03386
Original file (BC-2006-03386.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03386
            INDEX CODE:  110.02

            COUNSEL:  RUIZ-VEGA CRUZ
            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  1 MAY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  uncharacterized  character  of  service  be  changed  to  an  honorable
discharge  and  his  narrative  reason  for   separation   be   changed   to
“convenience of the government.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told by his counsel that his discharge would be honorable.

In support of his request, applicant provided his DD Form  214,  Certificate
of Release or Discharge from Active Duty, and various  documents  pertaining
to his discharge.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 May 06,  in  the  grade  of
airman first class (E-3), for a period of four years.

On 16 Jun 06, the applicant was  notified  by  his  commander  that  he  was
recommending he be discharged for erroneous  enlistment,   specifically  the
applicant should not have been allowed to join the Air Force because he  did
not meet minimum medical standards to enlist.  Applicant was found  to  have
keratoconus (a noninflammatory, usually bilateral protrusion of the  cornea,
the apex being displaced downward and nasally).  The applicant  acknowledged
receipt of the notification and waived his  rights  to  consult  with  legal
counsel and submit statements in his own behalf.

On 19 Jun 06,  the  AETC  Attorney  Advisor  found  the  case  file  legally
sufficient to support separation and recommended the applicant be  separated
from the service with an entry-level separation.

On 22 Jun 06, applicant received an uncharacterized entry-level  separation,
by reason of “Failed Medical/Physical Procurement,” and  was  issued  an  RE
Code of  4C  (for  failure  to  meet  physical  standards  for  enlistment).
Applicant served 1 month and 14 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied,  and  states,  in  part,
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 discharge authority.

Applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge processing.  He provided no facts  warranting
a change to his  uncharacterized  character  of  service  or  his  narrative
reason for separation.

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, his uncharacterized character  of  service  is  correct  and  in
accordance with DoD and Air Force instructions.

A complete copy of the DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 Nov 06, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.   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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  The discharge appears to be in  compliance
with the governing instruction and we find no evidence to indicate that  his
separation was  inappropriate.  Airman  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, his uncharacterized character of  service
is correct and in accordance with DoD and Air Force instructions.  An entry-
level/uncharacterized separation  should  not  be  viewed  as  negative  and
should not be confused with other types of separation.   The  applicant  has
provided no evidence showing that his discharge is in error or  contrary  to
the prevailing instruction.  We, therefore, conclude that  no  basis  exists
upon  which  to  recommend  favorable  action  on  his  request   that   his
uncharacterized entry level separation be changed to an honorable  discharge
and that his narrative reason for separation be changed to  “convenience  of
the government.”

_________________________________________________________________

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-
03386 in Executive Session on 20 December 2006, under the provisions of  AFI
36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
03386 was considered:

    Exhibit A.  DD Form 149, dated 26 Oct 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 6 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 06.




                                             MICHAEL J. NOVEL
                                             Panel Chair


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