RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00787
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized entry-level separation be changed to a
general (under honorable conditions) or honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Through no fault of his own, he was discharged from the service.
All medical history was given to Air Force personnel at the
Military Entrance Processing Station (MEPS).
In support of his request, the applicant provides documents
extracted from his military personnel record, service medical
record, and a DD Form 293, Application for the Review of
Discharge from the Armed Forces of the United States.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 24 September
2002.
On 15 October 2002, the applicant was notified by his commander
of his intent to recommend that he be discharged from the Air
Force under the provisions of AFPD 36-32 and AFI 36-3208, chapter
5, section 5C, and paragraph 5.14. The specific reason was a
narrative summary dated 8 October 2002 which found the applicant
did not meet minimum medical standards to enlist. He should not
have been allowed to join the Air Force because of amblyopia.
He was advised of his rights in this matter and acknowledged
receipt of the notification on that same date. The applicant
waived his right to consult with counsel and elected not to
submit statements on his own behalf.
In a legal review of the case file, the Chief Adverse Actions,
found the case legally sufficient and recommended discharge.
On 16 October 2002, the discharge authority concurred with the
recommendation and directed an entry-level separation.
The applicant was discharged on 21 October 2002. He served
28 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS states the circumstances
surrounding the applicants enlistment were erroneous in nature.
However, the oversight was discovered quickly and appropriately
addressed with separation action in under 30 days. As a result,
his case was processed correctly and coded appropriately.
The SGPS complete evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS states they concur with
AETC/SGPS regarding the applicants enlistment being erroneous in
nature. The applicants disqualifying physical condition does
not meet Air Force standards set forth in the regulation AFI 48-
123 and was not permanently aggravated by training beyond the
normal progression of the ailment. The applicants discharge was
appropriately administered IAW the discharge regulation and was
within the discretion of the discharge authority. The applicant
did not submit any evidence or identify any error or injustices
that occurred in the discharge process, nor did he provide any
facts warranting a change to his discharge.
The applicants 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 continuous active
service. The Department of Defense (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.
The DPSOS complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 February 2010, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. After a
thorough review of the evidence of record along with the
applicant's submission, we find no evidence of an error within
his discharge processing and are not persuaded that his entry-
level separation should be changed. We are not persuaded by the
evidence presented that the applicant was denied rights to which
he was entitled or that the appropriate standards were not
applied in this case. Therefore, we agree with the opinions and
recommendations of the offices of primary responsibility and
adopt their rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof of the
existence of either an error or an injustice. In the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2009-00787 in Executive Session on 11 March 2010, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2009-00787 was considered.
Exhibit A. DD Form 149, dated 15 March 2009, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Letter, AETC/SGPS, dated 3 June 2009.
Exhibit D. Letter, AFPC/DPSOS, dated 3 January 2010.
Exhibit E. Letter, SAF/MRBR, dated 5 February 2010.
Panel Chair
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