DOCKET NUMBER: BC-2012-00232
COUNSEL: VA
HEARING DESIRED: YES
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect an honorable characterization
of service instead of uncharacterized.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She entered the Air Force right out of High School and did not
know the difference between an uncharacterized discharge and an
honorable discharge. Had she not injured herself while at Basic
Military Training School (BMTS), she would have went-on to
successfully complete the terms of her enlistment and would have
been granted an honorable discharge.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 4 Oct 90.
On 4 Feb 91, her commander notified her he was recommending her
discharge from the Air Force for Erroneous Enlistment. The reason
for the action was that a Medical Evaluation Board (MEB), which
met on 29 Jan 91, found that she did not meet the minimum medical
standards to join the Air Force; specifically because of her
bilateral patella femoral syndrome. She acknowledged receipt of
the action the same day and waived her rights to consult legal
counsel or submit statements on her own behalf.
On 5 Feb 91, the discharge authority concurred with the
commander’s recommendation and directed the applicant be
discharged with an Entry-Level Separation.
On 6 Feb 91, the applicant was furnished an entry-level separation
with uncharacterized service and credited with four months and
three days of total active service.
Airmen are given Entry-Level separation with uncharacterized
service when separation is initiated in the first 180 days of
us
continuous active service. The Department of Defense (DoD)
determined it would be unfair to the member and the service to
characterize a member’s limited service when separation is
initiated within the first 180 days of active service.
_________________________________________________________________
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 injustice. We took
notice of the applicant’s complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred during the discharge process. Based on
the available evidence of record, it appears the applicant’s
entry-level separation with uncharacterized service for failure
to meet physical standards for enlistment was consistent with the
substantive requirements of the governing instructions and within
the commander’s discretionary authority. Other than her own
assertions, she has provided no evidence whatsoever which would
lead
with
uncharacterized service was improper or contrary to the
provisions of the governing directive. Therefore, absent
evidence the applicant was not afforded rights to which she was
entitled, there was an abuse of discretionary authority, or
appropriate standards were not applied, we find no basis to
recommend granting the requested relief.
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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-00232 in Executive Session on 28 Aug 12, under the
provisions of AFI 36-2603:
entry-level
separation
to
believe
her
2
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jan 12.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
3
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