RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02958
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His character of service be changed from uncharacterized.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was mistreated before and during his active duty service;
his case was mishandled and he should be eligible to apply for
reentry into the Air Force and the military.
2. In 1997, he tried to correct his eligibility but has received
the run around.
The applicant did not provide any documentation in support of
his request.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 3 April 1997, the applicant enlisted in the Regular Air
Force.
On 8 May 1997, the applicant received an Article 15 for
violation of Article 128 (assault on a noncommissioned officer),
Uniform Code of Military Justice (UCMJ). He received a
forfeiture of $416 per month for two months.
On 19 May 1997, the applicant was notified of his commanders
intent to recommend he be discharged from the Air Force under
the provisions of AFPD 36-32, Air Force Military Training and
AFI 36-3208, Administrative Separation of Airmen, chapter 5,
section h, paragraph 5.52.3, Misconduct: Other Serious Offenses.
The applicant acknowledged receipt of the notification of
discharge, consulted counsel and elected to waive his right to
submit a statement on his own behalf. The Assistant Staff Judge
Advocate recommended to the Training Group Commander that the
applicant be discharged and issued an entry level separation.
On 21 May 1997, the discharge authority recommended approval of
his discharge. On 22 May 1997, the applicant was discharged
from the Air Force with an entry level separation, with an
uncharacterized character of service in the grade of airman
basic. He served 1 month and 20 days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states airman are given
entry-level separation and uncharacterized service
characterization when separations are initiated in the first
180 days of 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.
Therefore, his uncharacterized character of service is correct
and in accordance with (IAW) DoD and Air Force instructions.
The applicants discharge to include the characterization was
consistent with the procedural and substantive requirements of
AFI 36-2608 and was within the discretion of the discharge
authority.
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 25 March 2011, for review and comment within
30 days (Exhibit D). As of this date, this office has not
received a 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. After
reviewing the applicants submission and evidence of record, we
are not persuaded that the actions taken to affect his discharge
and the characterization of his service were improper or
contrary to the provisions of the governing instructions in
effect at the time, or based on factors other than his own
behavior and inability to comply with standards. Therefore, we
agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the
basis for our conclusion the applicant has not been the victim
of an error or injustice. 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-2010-02958 in Executive Session on 21 June 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 August 2010.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPSOS, Letter, dated 15 February 2011.
Exhibit D. SAF/MRBR, Letter, dated 25 March 2011, w/atch.
Panel Chair
AF | BCMR | CY2011 | BC-2011-00166
The correct character of service is uncharacterized and the correct narrative reason for separation is conditions not a disability. Uncharacterized service is appropriate in the applicants case because the separation action was initiated within the first 180 days of continuous active service. The DD Form 214 lists the correct separation code as JFV, which coincides with the narrative reason: conditions, not a disability. Unless the board directs otherwise, AFPC will...
AF | BCMR | CY2011 | BC-2011-01606
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01606 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial of the applicants request to change his RE code and narrative reason for separation. After reviewing the evidence of record,...
AF | BCMR | CY2010 | BC 2009 01176
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01176 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His uncharacterized entry-level separation be changed to an honorable discharge. A complete copy of the discharge package was not filed in the applicants Master Personnel Record. _________________________________________________________________ The...
AF | BCMR | CY2010 | BC-2009-01176
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01176 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His uncharacterized entry-level separation be changed to an honorable discharge. A complete copy of the discharge package was not filed in the applicants Master Personnel Record. _________________________________________________________________ The...
AF | BCMR | CY2011 | BC-2011-03186
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03186 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to a 1 series code that would allow him to reenlist. DPSOS states airman are given entry...
AF | BCMR | CY2012 | BC-2012-02099
She was discharged from the Air Force because she failed training and the Air Force would not reclassify her. Her commander initiated separation action on 11 Mar 2010, which gave her 178 days active duty at the time her separation action was initiated. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2012-02099 in Executive Session on 20 Dec 2012, under the provisions of AFI 36-2603: The following documentary...
AF | BCMR | CY2011 | BC-2011-01042
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01042 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty be corrected as follows: 1. The applicant did not provide any evidence of an error or injustice that occurred in the processing of his discharge warranting a change to his...
AF | BCMR | CY2010 | BC-2010-02152
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02152 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2C - Involuntarily separated with an honorable discharge; or entry level separation without characterization of service and separation code of JDA Fraudulent Entry Into Military Service be changed in order to reenlist. ...
AF | BCMR | CY2010 | BC-2010-03198
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03198 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Reentry (RE) code of 2C (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to a code that will enable him to reenlist. We note the applicants narrative reason and...
AF | BCMR | CY2011 | BC-2010-04432
_________________________________________________________________ AIR FORCE EVALUATION: HQ AETC/SGPS recommends denial of the applicant’s request to change his character of service and RE code. However, barring evidence in the applicant’s enlistment documents the condition existed prior to his entrance on active duty. DPSOA states the applicant’s RE code 2C is required per AFI 36-2606, Reenlistments in the United States Air Force, chapter 3, based on his involuntary discharge with an...