DOCKET NUMBER: BC-2012-00378
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
The character of discharge on his DD Form 214, Certificate of
Release or Discharge from Active Duty, be changed from
uncharacterized to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged from the military for a disability incurred in
the line of duty. His discharge was characterized as
uncharacterized; therefore he was denied all benefits. He feels
as though his discharge was inequitable because it was based on
one isolated incident with no other adverse action.
He was always told that he didn’t qualify for benefits but
didn’t know why. He went to school on his own and went on with
his life always wondering why. He felt like the military left
him on his own.
The applicant did not submit any documents in support of his
request.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 3 April 2007.
On 21 May 2007, his commander notified him that he was
recommending him for discharge under the provisions of Air Force
Policy Directive (AFPD) 36-32, Military Retirements and
Separations
36-3208
Administrative Separation of Airmen, Chapter 5, Section C,
Defective Enlistment, paragraph 5.14 under Basis for Discharge
for Erroneous Enlistment. The specific reason for the discharge
recommendation was the applicant did not meet the minimum
medical standards to enlist and should not have been allowed to
join the Air Force because of asthma. On 21 May 2007, the
applicant acknowledged receipt of the commander’s intent to
(AFI)
and
Air
Force
Instruction
discharge him and waived his right to consult counsel and submit
statements on his own behalf.
Subsequent to the file being found legally sufficient the
discharge authority approved the recommendation and directed the
applicant be discharged with an entry-level separation. The
applicant was discharged effective 29 May 2007, with an entry-
level separation, uncharacterized character of service and was
credited with 1 month and 27 days of active duty service.
________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS states at the time of the
separation the process was in accordance with established policy
and administrative procedures. Since the applicant does not
meet the current medical waiver criteria for military duty they
do not support his request.
The complete AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS states the applicant’s
service characterization is correct as reflected on his DD Form
214. Airmen are given entry-level separation/uncharacterized
service characterization when separation is initiated in the
first 180 days 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,
the uncharacterized character of service on the DD Form 214 is
correct and in accordance with DoD and Air Force instructions.
The complete AFPC/DPSOS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 18 May 2012 for review and comment within 30 days
(Exhibit E). To 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.
2
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 offices of primary responsibility and adopt
their rationale as the basis for our conclusion that 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 this application
BC-2012-00378 in Executive Session on 21 August 2012, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 January 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 3 March 2012.
Exhibit D. Letter, AFPC/DPSOS, dated 25 April 2012.
Exhibit E. Letter, SAF/MRBR, dated 18 May 2012.
Panel Chair
Panel Chair
Member
Member
3
AF | BCMR | CY2011 | BC-2011-04520
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04520 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Re-entry (RE) code 4C Approved Involuntary Separation for Concealment /Physical Standards/Less than 9.0 RGL, be changed in order for him to reenlist in the Armed Forces. DPSOS states based on the documentation on file in the master personnel...
AF | BCMR | CY2011 | BC-2011-00976
SGPS states a review of the records provided shows the applicant was separated after blood tests demonstrated he had the sickle cell trait. DPSOS states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge instruction. The applicant has provided no evidence showing that his discharge is in error or contrary to the prevailing instruction.
AF | BCMR | CY2013 | BC-2012-02825
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-02825 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized entry level separation be changed to honorable. DPSOS states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge...
AF | BCMR | CY2013 | BC-2013-01600
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01600 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be changed to honorable and his reentry (RE) code 2C (involuntarily separated with honorable discharge; or entry level separation without characterization of service) be changed to 1 to allow him to reenlist. AIR FORCE...
AF | BCMR | CY2011 | BC-2011-04700
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04700 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her character of service be changed from uncharacterized to honorable and her reentry (RE) code 2C (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to allow her to reenter...
AF | BCMR | CY2011 | BC-2011-02166
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02166 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His entry level separation be changed. However, the Board majority agrees with the opinion and recommendation of AFPC/DPSOS that the applicant does not provide any evidence of an error or injustice in reference to his entry level separation. ...
AF | BCMR | CY2011 | BC-2010-01636
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01636 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation “Fraudulent Entry into Military Service” and, his Reenlistment (RE) code “2C” (involuntarily separated with an honorable discharge, or entry level separation without characterization of service) be changed to allow...
AF | BCMR | CY2012 | BC-2012-01899
The applicants complete submission, with attachment, is at Exhibit A. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial of the applicants request to change his RE code. In accordance with DoD and Air Force guidance on entry-level...
AF | BCMR | CY2008 | BC-2007-03094
The complete AFBCMR Medical Consultant evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations was forwarded to the applicant for review and response within 30 days. Rather, an entry-level separation with uncharacterized service is used in those cases where the member has not yet completed six months of service at the time of separation proceedings were, for whatever...
AF | BCMR | CY2011 | BC-2011-01705
A complete copy of the AFPC/DPSOS evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates her claim that her medical diagnosis does not reflect a Personality Disorder because Axis II shows None. In support of her response, the applicant submits documentation already included in her original submission. We believe it would be in the interest of equity and justice and in keeping with...