RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03738
            INDEX CODE:  100.00; 110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

      1)  Blocks 4a and 4b on his DD Form 214,  Certificate  of  Release  or
Discharge  from  Active  Duty  be  corrected  to   read   A1C   and   E3   -
(Administratively Corrected).

      2)  He be medically discharged from active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was on active duty  for  six  months  and  had  medical  conditions  from
military service that were a direct reason for his inability to perform  his
duties.  His injuries were service-connected.

In support of the application, the applicant submits his  DD  Form  214  and
Department of Veterans Affairs (DVA) rating letter.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  5  Jun  07.   He  was
progressively promoted to the grade of  airman  first  class  effective  and
with a date of rank of 5 Jun 07.  On 29 Nov 07, his commander  notified  him
that he was recommending his discharge from the service  for  unsatisfactory
entry level performance  or  conduct.   His  reasons  were  the  applicant's
failure to make  satisfactory  progress  in  a  required  training  program.
Specifically, he failed the Block 1, Unit 9, Test “a” once,  and  the  Block
II, Unit Test “a,” twice with scores  of  40  percent,  68  percent  and  64
percent, respectively.  Minimum passing  score  is  72  percent.   Applicant
acknowledged his  right  to  counsel;  however,  he  declined  to  submit  a
statement on his behalf.  A  review  of  the  case  by  the  Judge  Advocate
General was found legally sufficient.  Applicant was discharged  on  12  Dec
07, under the provisions of AFI 36-3208,  para  5.22,  with  an  entry-level
separation.  He had served six months and eight days on active duty.

On 17 Jun 09, a DD Form 215, Correction  to  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, changing the applicant’s  grade  from
airman basic to airman first class and his rank from E1 to E3, as  requested
above, was issued and placed in his military records.

_________________________________________________________________

BCMR MEDICAL CONSULTANT’S EVALUATION:

The BCMR Medical Consultant recommends denial  of  the  applicant’s  request
for a Medical Discharge under honorable conditions.

The  applicant’s  notification  letter   indicates   that   prior   to   his
disenrollment he was counseled  concerning  his  academic  deficiencies  and
received 12  hours  of  special  individualized  assistance.   Each  of  two
instances of failure came  with  a  letter  of  counseling,  for  which  the
applicant acknowledged but  elected  not  to  offer  a  response.   He  also
received two additional letters of counseling which was descriptive  of  his
“disruptive”  behavior  and  “lackadaisical  manner”  and  the   other   was
descriptive of his “inability to stay awake during lessons.”  The  applicant
attributed his inattentiveness to his medical problems and  prescribed  pain
medications.  He was witnessed as stating “he was tired  of  the  Air  Force
and wanted to go home.”

Entry-level separations are authorized when, within the first six months  of
military service, a service member has demonstrated  an  inability  to  meet
his or her academic requirements or has demonstrated an  inability  to  meet
or adjust to the physical or mental demands  of  the  military  environment.
The service is uncharacterized because the Department of Defense  determined
that it would be unfair to characterize a member’s service for such a  short
duration of military service.  The applicant was  discharged  only  on  week
past the six month point; however, his notification was within 180  days  of
his entry to military service.

While the DVA has found his  medical  conditions  to  be  service-connected,
there is no evidence that either condition was or should have  alternatively
been the cause for separation or referral for a  Medical  Evaluation  Board.
The Military Disability Evaluation System is chartered  to  maintain  a  fit
and vital fighting force and compensable service member’s  for  the  medical
condition(s) that is (are) the cause for career termination; and  then  only
to the degree of impairment present at the time of separation.

The DVA, however, operates under a different set of laws  and  is  chartered
to provide lifelong support to all eligible veterans and  is  authorized  to
offer compensation for any medical condition  determined  service  connected
without regard to its demonstrated  impact  upon  a  service  member’s  duty
capabilities or retainability.

The Medical Consultant opines the applicant has not met the burden of  proof
of an error or injustice that warrants a change of the current record.

The complete BCMR Medical Consultant’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the BCMR Medical Consultant’s  evaluation  was  forwarded  to  the
applicant on 14 Aug 09 for review and comment within 30 days.   As  of  this
date, this office has received no response (Exhibit D).

_________________________________________________________________

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  for  a
medical discharge.  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 BCMR Medical Consultant and  adopt  his  rationale  as
the basis for the conclusion that the applicant has not been the  victim  of
an error or injustice.   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 this application in  Executive
Session on 22 September 2009, under the provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Debra M. Czajkowski, Member
      Ms. Yvonne T. Jackson, Member

The following documentary evidence was considered in AFBCMR BC-2008-03738:

      Exhibit A.  DD Form 149, dated 8 Oct 08, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 10 Aug 09.
      Exhibit D.  Letter, SAF/MRBR, dated 14 Aug 09.



                                   B. J. WHITE-OLSON
                                   Panel Chair