RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01146
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized entry-level separation be changed to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his discharge, he was told that in 30 days there
would be no record of his enlistment. However, he recently
discovered the DD Form 214, Certificate of Release or Discharge
from Active Duty, which he received, would follow him for the
rest of his life. Unless the character of service is changed to
honorable, he will not be able to move forward in the hiring
process with the local police department to serve and protect his
hometown. He has always wanted a job in law enforcement;
however, he entered the Air Force as an Avionics Guidance and
Control Systems helper. He was only able to complete a few
blocks in technical school before he washed out due to poor test
scores. While he had the opportunity to retrain into another
career field; regrettably, he chose to be discharged. He would be
grateful if the Board would correct his record so he can pursue
his dream in law enforcement.
In support of his request, the applicant provides a copy of his
DD Form 214.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 November
1992.
On 16 April 1993, the commander notified the member that he was
being discharged from the Air Force under the provisions of AFR
39-10, Administrative Separation of Airmen Entry Level
Performance and Conduct. The commander recommended the applicant
receive an uncharacterized entry-level separation. The specific
reasons for this action were: 1) On 23 February 1993, he failed
Block II exam with a score of 68; 2) On 23 March 1993, he
received a low score of 70; 3) On 7 April 1993, he failed Block
VI exam with a score of 63; 4) On 9 April 1993, he was eliminated
from technical training by the commander for academic deficiency.
The applicant acknowledged receipt of the notification of
discharge, consulted with counsel and waived his right to submit
statements in his own behalf. The base legal office reviewed the
case and found it legally sufficient to support separation. They
recommended he be separated with an entry-level separation
without probation or rehabilitation. The discharge authority
approved the separation and directed that he be separated with an
uncharacterized entry-level separation without probation or
rehabilitation.
On 22 April 1993, the applicant was involuntarily discharged
under the provisions of AFR 39-10, with an uncharacterized entry-
level separation. He served 4 months and 23 days of total active
military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial of the applicants request. DPSOS
states the applicant did not provide any evidence of an error or
injustice in the processing of his discharge warranting a change
to his character of service, separation code or narrative reason
for separation.
The complete DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he accepted the opportunity to leave the
military; however, he did not realize the uncharacterized
designation on his DD Form would have negative consequences later
in his life. On several occasions, he has applied for positions
that required a background investigation; however, they would
stop the process once the employer realized he had an
uncharacterized designation on his record. The police agency he
has applied for employment required that he have a general
discharge rather than an uncharacterized one.
The applicants complete response is at Exhibit E.
_________________________________________________________________
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 error or injustice. The discharge
appears to be in compliance with the governing instruction and we
find no evidence to indicate that his separation was
inappropriate. Airman 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 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, his uncharacterized service is correct and
in accordance with DoD and Air Force instructions. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of a 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-2010-01146 in Executive Session on 17 November 2010,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Mar 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 17 Sep 10.
Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.
Exhibit E. Letter, Applicant, dated 8 Nov 10.
Panel Chair
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