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AF | BCMR | CY2013 | BC 2013 02561
Original file (BC 2013 02561.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02561

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed so that he may 
receive unemployment insurance.

________________________________________________________________

APPLICANT CONTENDS THAT:

His narrative reason for separation is preventing him from 
receiving unemployment insurance.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 4 Sep 12.

On 21 Nov 12, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for erroneous 
enlistment.  The specific reason for the action was the 
applicant was diagnosed with having a liposclerosing myxofibrous 
tumor (benign neoplasm of long bones of lower limb) and did not 
meet minimum medical standards to enlist.  Had the Air Force 
known of the severity of this condition prior to his enlistment, 
he would not have been allowed entry into the military.

On 21 Nov 12, the applicant acknowledged receipt of the action 
and waived his right to consult counsel or submit statements in 
his behalf.

On 28 Nov 12, the discharge authority directed the applicant be 
furnished an entry-level separation. 

On 29 Nov 12, the applicant was furnished an entry-level 
separation with uncharacterized service with a narrative reason 
for separation of “Discharge Failed Medical/Physical Procurement 
Standards.”  He was credited with 2 months and 29 days of total 
active service.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.    

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial, indicating there is no evidence of 
an error or injustice.  In accordance with AFI 36-3208, 
Administrative Separation of Airmen, paragraph 1.22.4, failure 
to complete at least two years of continuous active duty 
rendered the applicant unqualified to receive a disability 
separation.  Based on the documentation on file in the master 
personnel records, the discharge, to include the narrative 
reason for separation, was appropriately administered and within 
the discretion of the discharge authority.  The narrative reason 
for separation is correct and in accordance with DoD and Air 
Force instructions.

Additionally, the applicant’s service characterization is 
incorrect on his DD Form 214, Certificate of Release or 
Discharge from Active Duty.  Airmen are given entry-level 
separation with uncharacterized service when separation is 
initiated in the first 180 days continuous service.  Therefore, 
his character of service of “Entry-level” will be 
administratively corrected to reflect “Uncharacterized.”  

A complete copy of the AFPC/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 23 Aug 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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 an 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 office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error or injustice.  
We note the Air Force OPR has verified the applicant’s records 
erroneously reflect a character of service of “Entry Level,” 
instead of “Uncharacterized,” and will correct his records 
administratively.  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 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-2013-02561 in Executive Session on 18 Mar 14, under 
the provisions of AFI 36-2603:

	                       , Panel Chair
	                       , Member
	                       , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 May 13, w/atch.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSOR, dated 9 Jul 13.
	Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 13.




                                   
                                   Panel Chair
                                    
3

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