RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04258
			COUNSEL:  NONE
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His entry level separation be changed.

2.  His narrative reason for separation “Defective Enlistment 
Agreement” and corresponding separation code “KDS” be changed.

3.  His reentry (RE) code of “4M” (Air Force Breach of 
Enlistment/Reenlistment Agreement) be changed to a code that 
would allow him to reenlist.

4.  He be awarded the Basic Military Training Honor Graduate 
Ribbon and the Small Arms Expert Marksmanship Ribbon.

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APPLICANT CONTENDS THAT:

He was discharged due to an injury received during training.  He 
entered the Pararescue program under a guaranteed contract and 
should not have been discharged with ill marks or with no 
ability to reenter the service.  He was told he could reenter 
the service.

In support of the applicant’s appeal, he provides a personal 
statement and extracts from his military personnel records.

The applicant's complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 June 2006.


On 25 October 2006, the applicant was discharged with an entry 
level separation under the provisions of AFI 36-3208 (Defective 
Enlistment Agreement).  He served 4 months and 20 days on active 
duty.

The remaining relevant facts pertaining to this application 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial to change the applicant’s entry 
level separation and narrative reason for separation with 
corresponding SPD code.  DPSOR states the applicant was removed 
from training following an evaluation by Wilford Hall Medical 
Center (WHMC) which subsequently diagnosed him with an extremely 
stressed and stretched medial collateral ligament (MCL).  
Following the diagnosis, WHMC recommended the applicant be 
removed from training and discharged from the Air Force.  Given 
the applicant’s medical profile he would not be able to complete 
the training for Pararescue.  Since the applicant was a 
guaranteed enlistee who was unable to complete Pararescue 
Training he was entitled to exercise his right to separate from 
the Air Force.  He was approved for discharge IAW a defective 
enlistment agreement per his request.  The applicant was seen 
for a medical condition that was symptomatic and disqualifying 
for military service.  

The applicant’s service characterization is correct as reflected 
on his DD Form 214 (Certificate of Release or Discharge from 
Active Duty).  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.  
The DPSOR complete evaluation is at Exhibit C.

AFPC/DPSOA recommends denial to change the applicant’s RE code.  
DPSOA states the applicant was not medically discharged but he 
elected to separate rather than be reclassified in another 
career field.  RE code 4M is the applicant’s correct RE code.  
If recruiting services of any branch feels the applicant is 
otherwise eligible they should approve a waiver of the RE code 
4M rather than request another RE code.  There is no evidence of 
an error or injustice.

The DPSOA complete evaluation is at Exhibit D.

AFPC/DPSID recommends denial of the Basic Military Training 
Honor Graduate Ribbon and Small Arms Expert Marksman Ribbon.  
DPSID states the United States Air Force Basic Military Training 
Honor Graduate Ribbon was authorized on 3 April 1976 to be 
awarded to honor graduates of basic military training who, after 
29 July 1976, demonstrate excellence in all phases of academic 
and military training.  

The Small Arms Expert Marksmanship Ribbon is awarded to all 
United States Air Force Service members who after 1 January 
1963, qualify as “expert” in small-arms marksmanship with either 
the M-16 rifle or issue handgun.  Qualification as “expert” in 
both weapons after 22 June 1972 shall be denoted by a bronze 
service star worn on the service ribbon.

DPSID was unable to locate official documentation verifying the 
applicant qualified as expert with either the M-16 rifle or 
issue handgun for award of the Small Arms Expert Marksmanship 
Ribbon.  They were also unable to locate official documentation 
verifying the applicant was an honor graduate from basic 
training.

The DPSID complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 May 2013, copies of the Air Force evaluations were 
forwarded to the applicant for review and response within 
30 days (Exhibit F).  As of this date, no response has been 
received by this office.

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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 a 
thorough review of the evidence of record, we believe that given 
the circumstances surrounding his separation from the Air Force, 
his entry level separation, narrative reason for separation, and 
the RE code assigned were proper and in compliance with the 
appropriate instructions.  Further, in regard to award of the 
USAF Basic Military Training Honor Graduate Ribbon and Small 
Arms Expert Marksmanship Ribbon, we agree with AFPC/DPSID’s 
assessment and adopt its 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.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-04258 in Executive Session on 1 August 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 21 August 2012, w/atchs.
  Exhibit B.  Applicant’s Available Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSOR, dated 25 February 2013.
  Exhibit D.  Letter, AFPC/DPSOA, dated 20 March 2013.
  Exhibit E.  Letter, AFPC/DPSID, dated 13 May 2013.
  Exhibit F.  Letter, SAF/MRBR, dated 19 May 2013.