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AF | BCMR | CY2009 | BC-2008-02648
Original file (BC-2008-02648.docx) Auto-classification: Denied

RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2008-02648

INDEX CODE: 110.00

XXXXXXXXXXXXXXXXX COUNSEL: NONE

HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His service characterization be changed from uncharacterized to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

His service characterization is affecting his ability to start a career as a firefighter.

The Air Force diagnosed him with chronic glomerulonephritis and his personal physician does not find this to be the case. His personal physician found protein in his urine and is treating him for persistent proteinuria.

In support of his appeal, the applicant provides copies of a statement from his personal physician certifying that he has been under his care since April 2006 for persistent proteinuria for which he performed diagnostic studies; and a Chronological Record of Medical Care extract from his military medical records pertaining to his chronic glomerulonephritis diagnosis.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 3 January 2006 and was placed on medical hold after completing Basic Military Training (BMT). On 12 April 2006, he was notified of his commander’s intention to recommend him for an entry-level separation for erroneous enlistment due to a 9 March 2006 Medical Narrative Summary that found he did not meet minimum medical standards to enlist due to chronic glomerulonephritis. The commander notified the applicant of his rights and, on 12 April 2006, he waived his right to consult counsel and submit statements in his behalf. On 13 April 2006, the Base Legal Office reviewed the case, found it legally sufficient to support separation, and recommended the applicant be separated with an entry-level separation.

On 18 April 2006, the applicant was discharged with an entry-level separation and an uncharacterized service characterization. He was given a Narrative Reason for Separation of “Failed Medical/Physical Procurement Standards,” a Separation Code of “JFW” (Failed Medical/Physical Procurement Standards), and a Reentry Code of “4C” (Separated for …failure to meet physical standards for enlistment…). He served a total of 3 months and 16 days of active service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial of the requested relief. Based on the documents on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.

The applicant’s service characterization is correct as reflected on his DD Form 214. Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined that 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, the uncharacterized character of service which resulted in the Reentry Code of “4C” on his DD Form 214 is correct and in accordance with DoD and Air Force instructions.

The AFPC/DPSOS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 21 November 2008, for review and comment, within 30 days. However, 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of error or injustice. We further note the applicant’s uncharacterized separation is not an unfavorable reflection upon his military service nor should it be confused with other types of separations. Rather, an uncharacterized separation merely connotes the brevity of the applicant’s membership in the service and may not, in and of itself, be viewed as a defamation of his character. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

________________________________________________________________

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 Docket Number BC-2008-02648 in Executive Session on 27 January 2009, under the provisions of AFI 36-2603:

Mrs. Barbara A. Westgate, Panel Chair

Mr. Steven A. Cantrell, Member

Mr. Anthony P. Reardon, Member

The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 27 Jun 08, w/atchs.

Exhibit B. Applicant's Available Master Personnel Records.

Exhibit C. Letter, AFPC/DPSOS, dated 24 Oct 08.

Exhibit D. Letter, SAF/MRBR, dated 21 Nov 08.

BARBARA A. WESTGATE

Panel Chair

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