RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02487
                                        INDEX CODES:  A29.00, 100.06
                                                         110.02

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His  discharge  characterization  be   changed   from   uncharacterized   to
honorable.

His reenlistment eligibility (RE)  code  of  “2C”  (Involuntarily  separated
with an entry level  separation  without  characterization  of  service)  be
changed.

The type of his separation be  changed  from  entry-level  separation  to  a
medical discharge.

His records be corrected in such a manner as  to  render  him  eligible  for
unemployment compensation.

________________________________________________________________

APPLICANT CONTENDS THAT:

His records should be corrected to reflect that he was honorably  discharged
so that he can continue with medical treatment of his knee.  He was  injured
while on active duty and should be able to make a claim with the  Department
of Veterans Affairs (DVA).  However, he is unable to do  so.   In  addition,
although he has been unemployed for months, he has been  unable  to  receive
unemployment compensation.

In support of his appeal, the applicant submits a copy of SAF/MRBR’s  letter
of 6 Aug 07, requesting clarification of his request.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 Jun 06  for  a  period  of
six years.

On 31 Oct 06, the  applicant  was  treated  for  knee  pain  at  the  Flight
Medicine Clinic after complaining of a shooting pain as  soon  as  he  began
running on 30 Oct 06.  He was  treated  with  medication  and  placed  on  a
temporary exercise restriction until 3 Nov 06.

On 7 Nov 06, the  applicant  was  notified  of  his  commander's  intent  to
recommend his separation for entry-level performance or conduct for  failure
to make satisfactory process in a required training program.   Specifically,
he was academically eliminated  from  the  Air  Traffic  Control  Apprentice
Course for failing Blocks II  and  III  tests  with  scores  of  68  and  54
percent, respectively.  In addition, he was counseled  for  writing  letters
during class.  He waived his right to consult  legal  counsel  and  did  not
provide  a  written  statement  for  his  commander’s  consideration.    The
proposed action was found legally sufficient and on 6 Dec 06, the  discharge
authority approved his entry level separation.

On 27 Nov 06, he was evaluated  at  the  Flight  Medicine  Clinic  based  on
complaints of leg pain and diagnosed  with  joint  pain,  localized  in  the
knee.

On 1 Dec 06, the applicant underwent  a  Magnetic  Resonance  Imaging  (MRI)
examination of his knee at a civilian MRI facility.  The civilian  physician
concluded  the  applicant  had  degenerative  grade  II  signal  within  the
posterior horn of  the  medical  meniscus,  without  definite  medical  tear
identified, grade  II  chondromolacia  patella,  and  minimal  suprapatellar
bursa effusion.

On 5 Dec 06, the applicant underwent an MRI  follow-up  appointment  at  the
Flight Medicine Clinic, which resulted in the diagnoses of  an  acute  upper
respiratory  infection  and  patellofemoral  syndrome.   He  was  placed  on
quarters from 5 to 7 Dec 06.

Applicant was discharged on 12 Dec 06 under the provisions of  AFI  36-3208,
(Entry Level Performance and  Conduct),  with  uncharacterized  service  and
assigned an RE code of 2C.  He completed a total  of  six months  of  active
service.

On 10 Sep 07, AFPC/DPSOS advised the applicant that Federal  Law  (Title  5,
United States Code, Section 8521) and Public Law  97-362,  states  a  member
must complete their  first  full  term  of  service  and  receive  an  under
honorable  conditions  discharge;  and  that  he  was  denied   unemployment
compensation based on not completing his first full term of service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS  recommends  denial  and  states,  in  part;  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation  and  was  within  the  discretion  of  the  discharge
authority.  His uncharacterized service is correct and  in  accordance  with
Department of Defense (DoD) and Air Force instructions.  The  applicant  did
not submit any evidence or identify any errors or injustices  that  occurred
in the discharge processing, and provided no facts warranting  a  change  to
his uncharacterized character of service.

According    to    AFPC/DPSOS,    airmen    are    given     entry     level
separation/uncharacterized  service  characterization  when  separation   is
initiated in the first 180 days  of  continuous  active  service.   The  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.

A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial since there is no evidence of an  error  or  an
injustice and  the  applicant  did  not  submit  any  evidence  to  indicate
otherwise.  In addition to his  documented  academic  failure,  his  records
also documented his inability to  grasp  basic  Air  Traffic  Control  (ATC)
concepts and  other  incidents  involving  arguing  with  a  noncommissioned
officer (NCO), sleeping in  the  break  room,  and  not  conforming  to  the
military life style.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.

AFPC/DPPD  recommends  denial  and  states  the  preponderance  of  evidence
reflects the Physical Disability Division never received a referral  to  the
Physical Evaluation Board (PEB), and therefore, could  not  have  given  the
applicant a medical discharge.

A complete copy of the AFPC/DPPD evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to  the  applicant  on  26
Oct 07, for review and comment within 30 days.  However, as  of  this  date,
no response has been received by this office (Exhibit F).

________________________________________________________________

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 regarding the applicant’s request  that  his
uncharacterized service be changed to an honorable discharge,  his  RE  code
of 2C be changed, his  entry  level  separation  be  changed  to  a  medical
discharge, and his records be  corrected  to  reflect  his  eligibility  for
unemployment compensation.  The evidence of record indicates  the  applicant
was given an entry level separation for entry level performance and  conduct
based on his failure to make satisfactory progress in  a  required  training
program.  Because he was within his first 180 days  of  active  service,  he
was given an entry level separation with uncharacterized  service,  and  was
assigned an RE Code of 2C.  We find no  evidence  which  would  lead  us  to
believe that his entry level separation  with  uncharacterized  service  was
improper or contrary  to  the  governing  instruction  under  which  it  was
effected, or that his RE code was inappropriately assigned and  inaccurately
reflected the circumstances of his separation.  We also find no evidence  he
was ever found unfit to perform the duties of his rank or office.   Further,
we note the applicant did not complete  his  first  full  term  of  service;
therefore, he was not eligible for unemployment compensation.   In  view  of
the foregoing, and in the absence of sufficient evidence  to  the  contrary,
we conclude  that  the  applicant  has  failed  to  sustain  his  burden  of
establishing he has suffered either an error or an injustice.   Accordingly,
we find no compelling basis to recommend granting the applicant’s requests.

4.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable injustice  warranting  a  change  in  the  reason  for
separation.  As noted above, we believe the separation action taken  against
the applicant was in accordance with the applicable  instruction.   However,
after a thorough review of the facts and  circumstances  of  this  case,  we
find the narrative reason for his separation; i.e., entry level  performance
and conduct, to be  overly  harsh.   In  our  view,  it  was  primarily  the
applicant’s academic deficiency that ultimately resulted in his  separation,
and not any misconduct.  Therefore, in order to  correct  the  injustice  of
improperly labeling the  applicant,  his  narrative  reason  for  separation
should  be  corrected  to  accurately  reflect  the  circumstances  of   his
separation.  Accordingly, we recommend the applicant’s records be  corrected
by  deleting  the  words  “and  conduct”  from  his  narrative  reason   for
separation.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected by deleting the words “and  conduct”  from  Block
28 (Narrative Reason for Separation) on his  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, issued  as  a  result  of  his  entry
level separation on 12 Dec 06.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
02487 in Executive Session on 13 Dec 07, under the  provisions  of  AFI  36-
2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. James A. Wolffe, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Aug 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOS, dated 11 Sep 07.
     Exhibit D.  Letter, AFPC/DPSOA, dated 12 Sep 07, w/atchs.
     Exhibit E.  Letter, AFPC/DPPD, dated 28 Sep 07.
     Exhibit F.  Letter, SAF/MRBR, dated 26 Oct 07.




                                   LAURENCE M. GRONER
                                   Panel Chair




AFBCMR BC-2007-02487




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to , be corrected by deleting the words “and conduct”
from Block 28 (Narrative Reason for Separation) on his DD Form 214,
Certificate of Release or Discharge from Active Duty, issued as a
result of his entry level separation on 12 December 2006.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency