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AF | BCMR | CY2011 | BC-2010-02500
Original file (BC-2010-02500.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02500

            COUNSEL:  NO

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be upgraded to  an  honorable  or
general discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was emotionally unstable and mentally distressed because he could not  go
home when his grandmother had a  stroke  while  he  was  in  basic  military
training.

The evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to  this  application  are  contained  in  the
letter prepared by the appropriate office of the  Air  Force.   Accordingly,
there is no need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS reviewed this application  and  recommends  denial.   Airmen  are
given   an   entry   level   separation   with    uncharacterized    service
characterization when separation is initiated with the  first  180  days  of
continuous active service.  The Department of Defense determined by that  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.  In addition, the discharge to  include  the  characterization  was
appropriately administered and was within the discretion  of  the  discharge
authority.  The applicant has not submitted any evidence or  identified  any
errors or injustices that occurred in the discharge processing.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 28  Jan  11
for review and comment within 30 days.  As of this  date,  no  response  has
been received by this office (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.    After   careful   consideration   of
applicant's  request  and  the  available  evidence  of  record,   we   find
insufficient evidence of error or injustice to  warrant  corrective  action.
The facts and opinions stated in the advisory opinion appear to be based  on
the evidence of record and have not  been  rebutted  by  applicant.   Absent
persuasive  evidence  applicant  was  denied  rights  to   which   entitled,
appropriate regulations were not followed,  or  appropriate  standards  were
not applied, we find no basis to disturb the existing record.

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 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-
02500 in Executive Session on 22 Mar 11, under the  provisions  of  AFI  36-
2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jul 10, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS, dated 13 Dec 10.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jan 11,w/atch.





                               Panel Chair

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