RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01547
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be changed from uncharacterized to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, needs to reflect an honorable discharge so he can apply for
a personal property tax exemption as a disabled veteran.
In support of his appeal, the applicant provides copies of
Department of Veteran Affairs (DVA) correspondence and a DVA
Rating Decision, dated 25 April 2003.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 June 2000, the applicant enlisted in the Regular Air Force
in the grade of airman basic (E-1).
On 24 July 2000, the commander notified the applicant that he was
recommending him for discharge for erroneous enlistment under the
authority of Air Force Personnel Directive 36-32 and Air Force
Instruction 36-3208, Chapter 5, Section C, Defective Enlistments,
paragraph 5.14 under Basis for Erroneous Enlistment. The
applicant acknowledged receipt of the notification of discharge
and waived his rights to consult counsel and to submit statements
in his own behalf. The discharge authority approved the
recommendation and directed the applicant be discharged with an
entry-level separation.
On 4 August 2000, the applicant was released from active duty
with an uncharacterized discharge and a narrative reason for
separation of Failed Medical/Physical Procurement Standards. He
served 1 month and 28 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states that the
circumstances surrounding the applicants enlistment was
erroneous in nature. The oversight was discovered quickly and
appropriately addressed with separation action within 30 days.
The applicants disqualifying physical condition does not meet
Air Force standards set forth in Air Force Instruction 48-123 and
was not permanently aggravated by training beyond the normal
progression of the ailment. Based on documentation 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 did not submit any evidence or identify
any errors or injustices that occurred in the discharge
processing; nor, did he provide any facts warranting a change to
his narrative reason for separation.
The complete DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 19 November 2010, 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 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-2010-01547 in Executive Session on 3 March 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-01547:
Exhibit A. DD Form 149, dated 22 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 8 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 19 Nov 10.
Panel Chair
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