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AF | BCMR | CY2007 | BC-2006-03426
Original file (BC-2006-03426.doc) Auto-classification: Denied

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.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She believes her discharge should  be  changed.   She  would  like  to
renter the Air force or enlist in the Navy.

In support of her request, the applicant provided a  copy  of  her  DD
Form 214, and a DD Form 293.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  (RegAF)  on  16 June
1999, as an airman basic (AB) for a period of four years.

The applicant tested positive for sickle cell trait  during  the  zero
week of training.   On  21  June  1999,  she  signed  a  statement  of
understanding concerning Sickle Cell Trait and discharge options.  She
further elected to be voluntarily separated.

On  30  June  1999  the  applicant  submitted  a  request  for   early
separation.  The applicant’s separation request  was  approved  on  15
July 1999.

On  16  July  1999,  the   servicemember   was   separated   with   an
uncharacterized entry-level separation under the provisions of AFI 36-
3208,  Administrative  Separation  of  Airmen   (miscellaneous/general
reasons.)  The servicemember served one month and one  day  of  active
duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.    They   state   based   on   the
documentation on file in the servicemember’s 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.

Airmen  are  given  an  entry-level  separation  when  separation   is
initiated in the first 180 days of  continuous  active  service.   The
Department of Defense (DoD) determined if a servicemember served  less
than 180 days of continuous active service, it would be unfair to  the
servicemember and the service to characterize their limited service.

The applicant did not submit any evidence or identify  any  errors  or
injustices that occurred in  the  processing  of  the  servicemember’s
discharge.  Furthermore, she did not provided any facts to  warrant  a
change to the servicemember’s entry-level separation.

A complete copy of the Air Force evaluation is attached at Exhibit C

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
15 December 2006, for review  and  response.   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  an  error  or   an   injustice.    After   careful
consideration of the circumstances  of  this  case  and  the  evidence
provided by the applicant, we are not persuaded the  discharge  action
the applicant received  was  in  error  or  unjust.   The  applicant’s
contentions are duly noted; however, we agree  with  the  opinion  and
recommendation of the Air Force and adopt its rationale as  the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Shortly after  entering  military  training,  the
applicant tested positive for Sickle-Cell Trait and was advised on the
discharge options available to her.  She acknowledged  she  understood
the  implications  of  the  discharge  options  and  elected   to   be
voluntarily discharged from the  Air  Force.   In  this  respect,  the
discharge and reenlistment code the applicant  received  indicates  an
uncharacterized entry-level  separation  for  serving  less  than  six
months of service which would  be  appropriate  considering  that  the
applicant served 31 days of active military  service.   Based  on  the
documentation in the applicant’s records, it appears the processing of
the  discharge  and  the  characterization  of  the   discharge   were
appropriate and accomplished in  accordance  with  Air  Force  policy.
Therefore, in view of the above and 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  is  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 AFBCMR Docket Number BC-
2006-03426  in  Executive  Session  on  21  February  2007  under  the
provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Reginald P. Howard, Member
                 Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 16 Nov 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 30 Nov 06.
      Exhibit D. Letter, SAF/MRBR, dated 15 Dec 06.




                             MICHAEL J. NOVEL
                             Panel Chair

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