RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02654
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized service characterization be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
His failure to meet the physical standards for military service
was due to the injury he incurred to his knees while in
technical school training. The uncharacterized service
characterization has prevented him from receiving benefits.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and two letters from the Department of Veterans Affairs
(DVA) and the Veterans of Foreign Wars.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 26 Jul 90, the applicant commenced his enlistment in the
Regular Air Force.
On 18 Oct 90, the applicants commander notified him that he was
recommending his discharge from the Air Force for Erroneous
Enlistment. The specific reason for the discharge action was on
2 Oct 90, a medical evaluation board (MEB) determined the
applicant did not meet the medical standards to enlist due to
Bilateral Medial Plica Syndrome (tight hamstrings). The MEB
recommended discharge due to a physical disability that existed
prior to service (EPTS) and was not aggravated by military
service.
On 18 Oct 90, the applicant acknowledged receipt of the
notification and waived his right to consult with legal counsel
or to submit a statement in his own behalf.
On 29 Oct 90, the discharge authority directed the applicant be
furnished an entry-level separation with uncharacterized
service. He was so discharged on 2 Nov 90 and was credited with
three months and seven days of total active service.
On 25 Feb 14, a request for post-service information was
forwarded to the applicant for response within 30 days
(Exhibit C). In response the applicant states since leaving
military service he has worked, graduated from college. He is a
certified public accountant and is running a small accounting
firm. He has worked with other small business, individuals and
government and local nonprofit agencies. He has held a
leadership role with the local Parent-Teacher Association (PTA),
Chamber of Commerce and Small Business Network (SBRN). He also
volunteered with the junior achievement program at Florida Gulf
University. The applicants complete response 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 an error or an injustice. We took
notice of the applicants complete submission, to include his
rebuttal response, in judging the merits of the case; however,
we find no evidence of an error or injustice that occurred in
the discharge process. Based on the available evidence of
record, it appears the applicants entry-level separation with
uncharacterized service was consistent with the substantive
requirements of the discharge regulation and within the
discharge authoritys discretion. As a matter of DOD policy,
Airmen are given entry-level separation with uncharacterized
service when separation is initiated in the first 180 days of
continuous active service. He has provided no evidence which
would lead us to believe that his entry-level separation with
uncharacterized service was improper or contrary to the
provisions of the governing directive. Therefore, in the
absence of evidence to the contrary, we find no basis upon which
to recommend favorable consideration of the applicants request.
________________________________________________________________
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-2013-02654 in Executive Session on 27 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 30 May 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 25 Feb 14, w/atch.
Exhibit D. Letter, Applicant, dated 17 Mar 14.
Panel Chair
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