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AF | BCMR | CY2007 | BC-2007-00113
Original file (BC-2007-00113.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00113
                                       INDEX CODE:  110.12
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  16 June 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her discharge be changed to a medical discharge or general (under  honorable
conditions) discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not understand the severity of having an  uncharacterized  discharge
when she departed the military or the impact it would  have  on  future  job
opportunities.

In support of her request, the applicant provided a personal  statement  and
copies of her discharge documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 15 January 2002, the applicant enlisted in the Regular Air Force  at  the
age of 20 in the grade of airman for a period of four years.

On 15 February  2002,  the  applicant  presented  for  medical  care  for  a
migraine headache.  It was discovered during  her  medical  evaluation  that
the applicant had a history of migraines.

On 25 February 2002, the applicant’s commander recommended  the  applicant’s
discharge for defective enlistment. The applicant  acknowledged  receipt  of
the recommendation and waived her  options  to  consult  legal  counsel  and
submit  statements  in  her  own  behalf.   On   28   February   2002,   the
recommendation was found to be legally sufficient  by  the  Assistant  Judge
Advocate.   On  1  March  2002,  the  discharge   authority   approved   the
applicant’s discharge under the provisions of AFPD 36-32  and  AFI  36-3208,
Chapter 5, Section 5c, Paragraph 5.14, with an entry level separation  under
the basis of erroneous enlistment.  The applicant was  discharged  effective
5 March  2002  with  an  uncharacterized  entry-level  separation   with   a
separation code JFC (erroneous entry) and a reentry code of 2C (entry  level
separation without characterization of service).  She  had  served  1  month
and 21 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states  the  discharge  was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation and was within the discretion of the  discharge  authority.   The
applicant did not provide any evidence or identify any errors or  injustices
that occurred in the discharge process.

DPPRS states airmen  are  given  an  entry-level  separation/uncharacterized
service characterization when a 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, the applicant’s  uncharacterized  character  of
service is correct and in accordance with DoD and Air Force Instructions.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  2
February 2007 for review and response within 30 days  (Exhibit  D).   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 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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, her substantial rights were violated,  or  that  her  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  her  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   In  view  of  the
foregoing, we find no basis upon which to  recommend  favorable  action  on
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 this application in  Executive
Session on 15 March 2007, under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Ms. Maureen B. Higgins, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-00113:

      Exhibit A.  DD Form 149, dated 8 Jan 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPRS, dated 23 Jan 07.
      Exhibit D.  Letter, SAF/MRBR, dated 2 Feb 07.




                                                   CHARLENE M. BRADLEY
                                                   Panel Chair

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