RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04436
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be changed to a medical or an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served for over six months and injured himself while on
active duty.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and his AF IMT 100, Request and Authorization for
Separation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 Sep 08, the applicant enlisted in the Regular Air Force.
On 22 Jan 09, the applicant failed to demonstrate an acceptable
level of responsibility and was placed in remedial military
training for the purpose of helping him adjust to the standards
expected of an airman in the Air Force.
On 12 Mar 09, the applicant was notified of his commanders
intent to recommend his discharge from the Air Force under the
provisions of AFPD 36-32, Military Retirements and Separations
and AFI 36-3208, Administrative Separation of Airmen for failure
to make satisfactory progress in a required training program.
The applicant acknowledged receipt of the notification of
discharge. The specific reason for the proposed action was:
On or about 9 Jan 09, the applicant failed to refrain from
consuming alcohol while under the age of 21, as it was his duty
to do. For this misconduct, he received an Article 15, Uniform
Code of Military Justice (UCMJ), reduction to the grade of
airman basic, with a new date of rank of 23 Feb 09, and
forfeiture of $699 pay.
Between 15 Jan 09 and 21 Jan 09, the applicant had several
incidents of misconduct: 1) he was late to the 0505 hours
morning formation and a GI party; 2) failed his room inspection
by failing to properly clean in four areas of his dorm room; 3)
failed to report for duty. For these infractions, he received a
letter of counseling (LOC).
Between 26 Jan 09 and 4 Feb 09, the applicant had several
incidents of misconduct: 1) his hair was out of military
regulations; 2) failed a room inspection; 3) failed to be
outside his dorm room for a 2200 hours accountability check; 4)
failed to have any AETC Forms 341, Excellence/Discrepancy Report
properly filled out; and 5) failed to properly clean in four
areas of his dorm room. For these infractions, he received a
letter of reprimand (LOR).
On 2 Mar 09, the applicant was academically eliminated from the
Air Traffic Control Apprentice Course. Specifically, he failed
the block II test, on two occasions, with scores of 30 percent
and 62 percent, respectively.
The applicant after consulting with counsel submitted a
statement on his own behalf.
On 17 Mar 09, the applicants physical evaluation document, DD
Form 2697, Report of Medical Assessment indicates he reported
that my back still hurts. The evaluating physician,
nevertheless, found him worldwide qualified and fit for
separation. A recommendation for follow-up with a chiropractor
is noted on the document.
On 23 Mar 09, the Chief, Administrative Discharge Branch
reviewed the case and recommended the applicant be discharged
with an entry-level separation for unsatisfactory entry-level
performance or conduct under the provisions of AFI 36-3208.
On 24 Mar 09, the discharge authority approved the separation.
The applicant received an uncharacterized entry-level
separation, by reason of entry-level performance or conduct, and
was issued a reentry (RE) code of 2C. He served on active duty
for a period of 6 months and 10 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states Airmen are given
entry-level separation/uncharacterized service characterization
when separation is initiated in the first 180 days of continuous
active service. The Department of Defense (DoD) determined if a
member served less than 180 days continuous active service, it
would be unfair to the member and the service to characterize
their limited service. Therefore, his uncharacterized service
is correct and in accordance with DoD and Air Force
instructions.
DPSOS states that based on the documentation on file in the
master personnel records, the discharge, to include the service
characterization was appropriately administered and within the
discretion of the discharge authority. The applicant did not
provide any evidence of an error or injustice occurred in the
processing of his discharge warranting a change to his type of
discharge or character of service.
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 4 Sep 12 for review and comment within 15 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 timely filed.
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 agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. While we note the
applicant requests a medical discharge, we do not find the
evidence presented is sufficient to make the requested change.
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-2011-04436 in Executive Session on 4 Oct 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Nov 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 21 Feb 12.
Exhibit D. E-mail Communique´, SAF/MRBC, dated 4 Sep 12.
Panel Chair
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