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AF | BCMR | CY2008 | BC-2007-02450
Original file (BC-2007-02450.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02450
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her character of service be changed from  uncharacterized  to  an  honorable
discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She entered the military to make it a career.   Unfortunately,  she  injured
her knee and foot in training and was unable to perform her duties.

In support of her request, the applicant provided a  copy  of  her  DD  Form
214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 July 2003 in the grade  of
airman basic.  On 10 November 2003, applicant was notified by her  commander
of her intent to recommend that she 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 the Chronological Record of  Medical  Care  dated
23 October 2003, which indicates she was diagnosed with pes cavus.   It  was
determined this  condition  existed  prior  to  service  and  had  not  been
permanently aggravated by service.  Had this condition been known  prior  to
enlistment, she may not have been allowed entry into the military.  She  was
advised of her rights  in  this  matter  and  acknowledged  receipt  of  the
notification on that same date.  The applicant waived her right  to  consult
counsel and elected not to submit statements on her own behalf.  In a  legal
review of the case file, the chief adverse actions found  the  case  legally
sufficient and recommended that she be separated.  The  discharge  authority
concurred with the  recommendations  and  directed  her  discharge  with  an
uncharacterized  entry-level  separation.   Applicant  was   discharged   on
21 November 2003.  She served 3 months and 30 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS 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.  She provided no  facts  warranting  a
change to her character of service.

Airman   are   given    entry-level    separation/uncharacterized    service
characterization  when  separation  in  initiated  in  the  first   180 days
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  correct  and  in
accordance with DoD and Air Force instructions.

The DPSOS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 November 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 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 injustice.  We are not persuaded  by  the  evidence
presented that the uncharacterized entry-level separation  received  by  the
former  member  should  be  changed  to  an  honorable  discharge.   We  are
compelled to note that an uncharacterized separation is not  an  unfavorable
reflection upon the applicant's military service nor should it  be  confused
with other types of separation.   Rather,  an  entry-level  separation  with
uncharacterized service is used in those cases where the member has not  yet
completed six months of service at the  time  separation  proceedings  were,
for  whatever  reason,  initiated.   Hence,  an  uncharacterized  separation
merely connotes the brevity of an individual's  membership  in  the  service
and may not, in and of itself, be viewed as a defamation of  character.   In
instances where a former member has not completed  six  months  of  service,
characterization of his or her service as honorable is normally  appropriate
when extenuating factors exist.  However, after a  thorough  review  of  the
applicant's submission and the evidence of record, we  see  no  evidence  of
any extenuating circumstances in this case.  Therefore, in  the  absence  of
persuasive evidence indicating that the applicant was deprived of rights  to
which entitled or that inappropriate standards were applied  in  this  case,
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-
02450 in Executive Session on 3 January 2008, under the  provisions  of  AFI
36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Joseph D. Yount, Member
                 Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 June 2007, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOS, dated 24 August 2007.
   Exhibit D.  Letter, SAF/MRBR, dated 2 November 2007.





                 MICHAEL K. GALLOGLY
                 Panel Chair

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