RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03792
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His entry-level separation with uncharacterized service be
changed to reflect an Honorable discharge.
2. His separation program designator (SPD) and reentry (RE)
codes and narrative reason for separation be changed
accordingly.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was misdiagnosed while on active duty and both the Air
National Guard and a civilian physician agreed on the different
diagnosis.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 5 Feb 02, the applicant commenced his enlistment in the
Regular Air Force (RegAF).
On 31 Jul 02, the applicants commander notified him that he was
recommending his discharge from the Air Force for Erroneous
Enlistment. The reason for the action was the applicant was
diagnosed with asthma; it was determined this condition existed
prior to service and was not permanently aggravated by service.
His ability to function in a military environment was
significantly impaired.
On 31 Jul 02, the applicant acknowledged receipt of the action
and waived his right to consult with legal counsel and submit
statements in his own behalf.
On 1 Aug 02, the case was found to be legally sufficient and, on
2 Aug 02, the discharge authority directed the applicant be
furnished an entry-level separation. On 9 Aug 02, the applicant
was furnished an entry-level separation with uncharacterized
service and a narrative reason for separation of Erroneous
Entry, and was issued SPD and RE codes of JFC and 2C,
respectively. He was credited with six months and five days of
total active service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C, D, and E.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial of the applicants request to
change his service characterization for discharge, indicating
there is no evidence of an error or injustice. 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. Airmen are given entry-level separation
with uncharacterized service when separation is initiated in the
first 180 days of continuous service. Therefore, his character
of service, SPD and RE codes, and narrative reason for
separation are correct and in accordance with DoD and Air Force
instructions.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AETC/SGPS recommends denial of the applicants request to change
his RE code, noting the separation was carried out in accordance
with established policy and administrative procedures. Since
the RE code was based on review and testing done while the
applicant was on active duty, there is no basis to support a
change in his original RE code.
A complete copy of the AETC/SGPS evaluation is at Exhibit D.
AFPC/DPSOA recommends denial of the applicants request to
change his RE code, noting the 2C RE code is required based on
his entry-level separation with uncharacterized service and the
applicant did not provide any proof of an error or injustice in
reference to his RE code. The RE code 2C is not based on a
medical review and testing accomplished while the applicant was
on active duty, but is required based on the fact he received an
entry-level separation.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 3 Feb 13, for review and comment within 30 days
(Exhibit F). As of this date, this office has received no
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.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an 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 he was 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 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-2012-03792 in Executive Session on 2 Apr 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03792 was considered:
Exhibit A. DD Form 149, dated 15 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 29 Jan 13.
Exhibit D. Letter, AETC/SGPS, dated 30 Oct 12, w/atch.
Exhibit E. Letter, SAF/MRBR, dated 3 Feb 13.
Panel Chair
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