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AF | BCMR | CY2007 | BC-2007-00906
Original file (BC-2007-00906.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00906
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 SEP 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for  separation  be  changed  to  a  medical  discharge
rather than erroneous enlistment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was released from active duty for migraine headaches that the  Air  Force
claimed must have happened prior to service.  He states  he  has  never  had
migraine headaches prior to service.

In support of his request, the applicant provided a personal  statement,  DD
Form 214, Certificate of Release or Discharge from Active  Duty,  and  three
reference letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 May 2006 in  the  grade  of
airman basic.  He was progressively promoted to the grade  of  airman  first
class having assumed that grade with a date of rank of 16  June  2006.   His
primary  specialty  was  Security  Forces  Helper.   On  28  November  2006,
applicant was notified by his commander of his intent to recommend  that  he
be discharged from the Air Force under the provisions of AFPD 36-32 and  AFI
36-3208, paragraph 5.14.  The specific reason for this action was  erroneous
enlistment.   A  Chronological  Record  of  Medical  Care  form,  dated   12
September 2006, stated he was  diagnosed  with  migraines.   This  condition
existed prior to service and had  not  been  aggravated  by  service.   This
condition had prevented him from completing his military training.  Had  the
Air Force known this condition would  have  prevented  him  from  performing
military duties, he would not have been allowed  entry  into  the  military.
He was advised of his rights in this matter and acknowledged receipt of  the
notification on that same date.  The applicant waived his right  to  consult
counsel and elected not to submit statements on his own behalf.  In a  legal
review of the case file, the staff judge advocate  found  the  case  legally
sufficient and recommended that he be discharged.  On 5 December  2006,  the
discharge authority concurred with the recommendations and directed that  he
be  discharged  with  an  honorable   discharge,   without   probation   and
rehabilitation.  Applicant was discharged on 6 December 2006.  He  served  7
months and 5 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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.   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 narrative reason for separation.

The DPPRS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 July 2007, the evaluation was forwarded to the  applicant  for  review
and comment 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting a change  in  the  applicant’s
narrative reason for separation.  After reviewing  the  evidence  of  record
and  the  applicant’s  submission,  it  is  our  opinion  that   given   the
circumstances surrounding his separation from the Air Force,  the  narrative
reason for separation assigned appears to be proper and in  compliance  with
the appropriate directives.  The applicant has  not  provided  any  evidence
which would lead us to believe otherwise.   Therefore,  we  agree  with  the
office of primary responsibility and adopt its rationale as  the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  In  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-2007-
00906 in Executive Session on 28 Aug 07, under the  provisions  of  AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Elwood C. Lewis III, Member
                 Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 Mar 07, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 31 May 07.
   Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.





                       JAMES W. RUSSELL III
                       Panel Chair

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