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AF | BCMR | CY2008 | BC-2007-03094
Original file (BC-2007-03094.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03094
                                        INDEX CODE:  110.00
                                        COUNSEL: NONE
                                        HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to an  honorable
discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not know he had asthma upon entering active duty.

In support of his appeal, applicant submitted a copy of  his  DD  Form
214, Certificate of Release or Discharge from Active Duty,  and  a  DD
Form 293, Application for the  Review  of  Discharge  from  the  Armed
Forces of the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 Apr 06 for a  period
of four years as an airman basic.

On 14 Jul 06, he was notified his commander was recommending  him  for
discharge from the Air Force for Erroneous Enlistment.   The  specific
reason for the  discharge  action  was  his  Chronological  Record  of
Medical Care Form, dated 15 Jun 06, stating that he was diagnosed with
asthma.  This condition existed prior to his coming onto active duty.

The commander advised the applicant of his right in this matter.

On 14 Jul 06, he acknowledged receipt  of  the  discharge  action  and
waived his rights to consult legal counsel and to submit statements in
his own behalf.

On 17 Jul 06, a legal review was conducted in which  the  staff  judge
advocate recommended he be separated with an entry-level separation.

On  20  Jul  06,  the  discharge  authority  directed  an  entry-level
separation without probation and rehabilitation.

He was separated on 21 Jul 06.  He served two months and three days on
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AETC/SGPS recommends changing his reentry code from Erroneous Entry to
Not Medically Qualified.   SGPS  states  based  on  the  documentation
provided it has been determined that all  medical  treatment  provided
and administrative actions taken were proper and  in  accordance  with
policy, and in the best interest of the individual and the Air Force.

The complete AETC/SGPS evaluation is at Exhibit C.

AFPC/DPSOS recommends the applicant’s request be denied.  DPSOS states
the applicant has not submitted any evidence or identified any  errors
or injustices that occurred in the processing of his discharge.  Based
upon the documentation in the applicant's  file,  DPSOS  believes  his
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation and the discharge was  within
the sound discretion of the discharge authority.   The  applicant  has
not provided any facts to warrant a change  to  his  discharge  or  RE
code.

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 service member served less
than 180 days of continuous active service, it would be unfair to  the
service member and the service to characterize their limited service.

The complete AFPC/DPSOS evaluation is at Exhibit D.

The AFBCMR Medical Consultant recommends the separation be changed  to
reflect a medical reason for discharge.   However,  should  the  Board
elect to change the narrative reason for the discharge  (from  ELS  to
medically disqualified) any  proposed  change  to  the  re-entry  code
should not reflect a qualification to re—enter the  military  service.
The Medical Consultant states the evidence provided shows the  actions
and disposition in his  case  were  proper  and  equitable  reflecting
substantive  compliance  with  existing  Air  Force  directives   that
implement the law.

The complete AFBCMR Medical Consultant evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations was forwarded to the applicant for
review and response within 30 days.  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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   Applicant   requests   his
uncharacterized entry-level separation  be  changed  to  an  honorable
discharge.  After a thorough review of the evidence of record, we  are
not persuaded that the uncharacterized entry-level separation received
by the former member should be changed to an honorable discharge.   We
are compelled to  note  that  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  of  separation  proceedings  were,  for  whatever  reasons,
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  his  case,  we  find   no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4.    We took note of the  recommendations  that  we  should  consider
changing  his  reentry  code  and  narrative  reason  for  separation,
although not specifically requested by the applicant.  However, it  is
our opinion that the reentry code and narrative reason for  separation
were appropriate and in compliance with  the  applicable  instructions
and we are not persuaded by the rationale presented that the applicant
has been the victim of an injustice  with  respect  to  these  issues.
Accordingly, we are not compelled to recommend granting the  suggested
additional relief.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2007-03094 in Executive Session on 27 Mar 08, under the provisions  of
AFI 36-2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Mr. Anthony P. Reardon, Member
                 Ms. Jan Mulligan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Sep 07, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AETC/SGPS, dated 30 Oct 07.
   Exhibit D.  Letter, AFPC/DPSOS, dated 21 Nov 07.
   Exhibit E.  Letter, SAF/MRBR, dated 14 Dec 07.
   Exhibit F.  Letter, AFBCMR Medical Consultant, dated 12 Feb 08.
   Exhibit G.  Letter, SAF/MRBR, dated 14 Feb 08.




                                        GREGORY A. PARKER
                                        Panel Chair

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