RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02575
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized entry level discharge be expunged or changed to honorable in accordance with modern service standards.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His separation would have been characterized as honorable under current standards.
The changes were made to reduce damage caused by other than honorable discharges.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 13 Nov 89 as a Security Specialist.
Records reveal the applicant was notified of pending discharge action on 11 Apr 90. Specifically, the commander cited unsatisfactory entry level performance as the basis for discharge. The applicant waived his rights to consult counsel and to submit statements in his own behalf.
The applicants disciplinary infractions consisted of two Records of Individual Counseling for failing to go to his appointed place of duty and an Article 15, Record of Nonjudicial Punishment, for failure to go to his appointed place of duty at the prescribed time.
On 12 Apr 90, the staff judge advocate found the discharge legally sufficient and recommended discharge. On 17 Apr 90, the discharge authority directed discharge.
The applicant was discharged on 19 Apr 90 with an uncharacterized entry level separation with the narrative reason for separation of entry level performance.
Airmen are given uncharacterized entry level separations when separation is initiated within the first 180 days continuous active service. The Department of Defense (DoD) determined if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service.
Pursuant to the Boards request, the Federal Bureau of Investigations (FBI) states they were unable to identify an arrest record on the basis of the information furnished. A request for post-service information was forwarded to the applicant on 8 Sep 10 for a response within 30 days (Exhibit C). As of this date, no response has been received.
_________________________________________________________________
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. We find no impropriety in the characterization of applicant's discharge. It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or the applicant was not afforded all the rights to which he was entitled at the time of his discharge. Further, we find no basis to recommend granting clemency since the applicant failed to provide the requested post-service information. Therefore, we conclude that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.
_________________________________________________________________
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 Docket Number BC-2010-02575 in Executive Session on 7 December 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 Jul 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 8 Sep 10, w/atch.
Panel Chair
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