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 applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 4 Sep 12.
On 21 Nov 12, the applicants 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 applicants 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 applicants 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 applicants 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
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