RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03902
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized discharge be changed to reflect honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes the record is unjust. His record reflects his
service as honorable. His separation code is 2C which makes his
discharge honorable. When he was removed from training for
physical therapy, he did his job as expected and would work
12 hour shifts if needed.
He requests his service be characterized as honorable to have an
opportunity to find a good job. Most employers will accept
nothing less than an honorable discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 6 July 2010. On
2 December 2010, he was notified of his commanders intent to
discharge him from the Air Force after being diagnosed with low
back pain, a condition that existed prior to his service. He
acknowledged receipt of the notification, consulted counsel and
waived his right to submit matters.
The staff judge advocate found the discharge legally sufficient.
On 10 December 2010, the separation authority approved the
discharge and directed he be separated with an entry level
separation for erroneous enlistment. His service was
uncharacterized.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. AFI 36-3208, Administrative
Separation of Airmen, notes airmen are subject to discharge for
erroneous enlistment if the enlistment would not have occurred
had the relevant facts been known by the Air Force; if the
eligibility criteria of AFI 36-2002 had been followed; if the
enlistment was not the result of fraudulent conduct on the part
of the member and if the defect is unchanged in any material
respect. The applicant should not have been allowed to join the
Air Force because of his low back pain. Had the Air Force known
of this condition at the time of his enlistment, he would not
have been allowed entry into the military.
Airmen are given entry level separations and their service
uncharacterized when separation is initiated within the first
180 days of continuous active service. The Department of
Defense (DoD) determined it would be unfair to characterize the
service of members who have less than 180 continuous days.
Therefore, the uncharacterized service is correct and in
accordance with DoD and Air Force instructions.
Based on the documentation in the master personnel record, the
discharge was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority.
The complete DPSOR 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 30 October 2012, for review and comment within
30 days (Exhibit D). 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicants complete submission in judging the merits of
the case; however, we are not persuaded by the evidence
submitted in his appeal that a change in his discharge
characterization is warranted. Therefore, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility, and adopt is rationale as the basis for our
conclusion that the applicant has not been the victim of an
error or injustice. 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-2012-03902 in Executive Session on 4 April 2013 under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 17 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 30 Oct 12.
Panel Chair
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