RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01306
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be changed from uncharacterized to
honorable in order to be eligible for Department of Veteran
Affairs (DVA) education benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Since he was discharged, he has completed his Bachelors Degree
in Economics, he is currently pursuing a Masters Degree in
Finance, and he intends on pursuing his Doctorate Degree. He
invested money in the GI Bill; however, he has not been able to
use it because of his uncharacterized discharge. Upgrading his
discharge to honorable will greatly help him in furthering his
education and in obtaining a career.
In support of his appeal, the applicant provides copies of his DD
Form 214, Certificate of Release or Discharge from Active Duty,
and college transcripts.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 October 2002, the applicant enlisted in the Regular Air
Force in the grade of airman basic (E-1).
On 24 March 2003, the commander notified the applicant that he
was recommending him for discharge for Entry Level Performance
and Conduct for failure to adapt to the military environment.
The applicant acknowledged receipt of the notification of
discharge and waived his rights to consult counsel and to submit
statements in his own behalf. On 28 March 2003, the Staff Judge
Advocate found the case to be legally sufficient and recommended
he be given an entry level separation without probation and
rehabilitation. The discharge authority approved the
recommendation and directed the applicant be discharged with an
entry-level separation.
On 10 April 2003, the applicant was released from active duty
with an uncharacterized discharge and a narrative reason for
separation of Entry Level Performance and Conduct under the
provisions of Air Force Policy Directive 36-32 and Air Force
Instruction 36-3208, paragraph 5.22. He served 5 months and
26 days on active duty.
_________________________________________________________________
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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge process. It appears the
applicants discharge was consistent with substantive
requirements of the discharge regulation and no evidence has been
presented to indicate otherwise. While we acknowledge the
applicants desire to qualify for DVA benefits, we do not find
this to be a sufficient basis to change his uncharacterized entry
level discharge to an honorable discharge. Therefore, in the
absence of evidence to the contrary, we find no 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 AFBCMR Docket
Number BC-2010-01306 in Executive Session on 19 January 2011,
under the provisions of AFI 36-2603:
XXXXXXXXXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXXXXXXX, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-01306:
Exhibit A. DD Form 149, dated 22 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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