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AF | BCMR | CY2011 | BC-2010-02590
Original file (BC-2010-02590.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02590

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for  separation  “Failed  Medical/Physical  Procurement
Standards” and, his Reentry (RE) code “4C”  (Separated  for  concealment  of
juvenile  records,  minority,  failure  to  meet  physical   standards   for
enlistment, failure to attain a 9.0 reading grade level as measured  by  the
Air Force Reading Abilities Test, or void enlistments) be changed  to  allow
him to reenter the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not withhold information  regarding  his  medical  history  prior  to
entering active military service.

The evidence submitted in support of the appeal is 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:

HQ AETC/SGPS reviewed this application  and  recommends  denial.   AETC/SGPS
notes the applicant’s separation was  processed  in  accordance  established
policy and procedures.  The applicant is not eligible for  military  service
due to the new  onset  of  symptoms  and  treatment  for  asthma  which  has
occurred within the last three years.  A complete copy of the evaluation  is
at Exhibit C.

HQ AFPC/DPSOA reviewed this application and recommends  denial.   AFPC/DPSOA
states  the  applicant  received  an  erroneous  RE  code  at  the  time  of
separation.  His correct RE code is “2C” (involuntarily  separated  with  an
honorable discharge, or entry level separation without  characterization  of
service) based on his receiving an involuntary entry level separation.   The
applicant’s records will be administratively corrected  to  reflect  the  RE
code “2C”.

The complete AFPC/DPSOA evaluation is at Exhibit D.

AFPC/DPSOS reviewed this application and recommends  denial.   DPSOS  states
airmen are given an entry  level  separation  with  uncharacterized  service
when separation is initiated within the first 180 days of continuous  active
service.  It was determined by the Department of Defense  (DOD)  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  was  consistent  with  the  procedural  and
substantive requirements of the discharge instruction  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.  He provided no facts  to  warrant  a  change  to  his
discharge.

The complete AFPC/DPSOS evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to applicant on 23 Dec  10
for review and comment within 30 days.  As of this  date,  no  response  has
been received by this office (Exhibit F).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

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 opinions appear  to  be  based
on the evidence of record and have  not  been  adequately  rebutted  by  the
applicant.  Absent persuasive evidence the 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.

_________________________________________________________________

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-
02590 in Executive Session on 10 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 17 Jul 10, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AETC/SGPS, dated 17 Aug 10.
    Exhibit D.  Letter, AFPC/DPSOA, undated.
    Exhibit E.  Letter, AFPC/DPSOS, dated 17 Nov 10.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Dec 10.





                                             Panel Chair

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