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AF | BCMR | CY2012 | BC-2012-05361
Original file (BC-2012-05361.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05361
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His entry level separation be changed to general (under 
honorable conditions).

________________________________________________________________
_

APPLICANT CONTENDS THAT:

A change in the type of separation would help him sustain a 
full-time job.  During the time he was in technical school, his 
father left his mother causing him to have an emotional 
breakdown.  He had three younger sisters at home and he was 
concerned for their safety because his mother was very abusive.

In support of the applicant’s appeal, he provides a copy of a 
domestic violence order of protection, letters from the Law 
Office of Stiehl & Stiehl, and a copy of his DD Form 214, 
Certificate of Release or Discharge from Active Duty.

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 3 January 
1986.

The applicant was notified by his commander of his intent to 
recommend that he be discharged from the Air Force under the 
provisions of AFR 39-10.  The specific reason was on 17 April 
1986 the applicant failed to make satisfactory progress in a 
required training program with a score of 66 percent.  The 
instructor felt the applicant lacked confidence in himself and 
his abilities to be a jet mechanic.  On 24 April 1986, the 
applicant failed the block III retest with a score of 62 
percent.  Due to his excessive failures, it was evident that he 
was unable to retain the technical information necessary to 
complete the course.  He was academically eliminated on 1 May 
1986. 

He was advised of his rights in this matter and acknowledged 
receipt of the notification.  After consulting with counsel the 
applicant submitted a statement on his own behalf.

The discharge authority concurred with the recommendation and 
directed discharge.  The applicant was discharged on 14 May 
1986 with an entry level separation.  He served 4 months and 
13 days on active duty.

On 19 August 2013, a request for information pertaining to his 
post-service activities was forwarded to the applicant for 
review and response within 30 days (Exhibit C).  The applicant 
states he is married with five children.  He has spent the 
majority of his career in the sales industry and is currently 
employed with the United States Postal Service.  He regrets the 
decision he made 25 years ago while in the service.  During that 
time he was not focused on his job due to turmoil at home.  He 
did not realize how his decision would affect the rest of his 
life.

The applicant’s complete response, with attachments, is at 
Exhibit D.

________________________________________________________________
_

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 error or injustice.  The evidence 
of record indicates the applicant was given an entry level 
separation for entry level performance and conduct based on his 
failure to make satisfactory progress in a required training 
program.  Because he was within his first 180 days of active 
service, he was given an entry level separation with 
uncharacterized service.  We find no evidence which would lead 
us to believe that his entry level separation with 
uncharacterized service was improper or contrary to the 
governing instruction under which it was affected.  In view of 
the foregoing, and in the absence of sufficient evidence to the 
contrary, we conclude that the applicant has failed to sustain 
his burden of establishing he has suffered either an error or an 
injustice.  Accordingly, we find no compelling basis to 
recommend granting the relief sought in this application.

________________________________________________________________
_

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.

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2012-05361 in Executive Session on 12 September 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 9 November 2012, w/atchs.
  Exhibit B.  Applicant’s Available Master Personnel Records.
  Exhibit C.  Letter, AFBCMR, dated 20 August 2013.
  Exhibit D.  Letter, Applicant, dated 20 August 2013, w/atchs.






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