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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