RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05108
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His entry level separation be changed to an honorable discharge.
APPLICANT CONTENDS THAT:
He desires to join the Air National Guard.
In support of the applicants appeal, he provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 24 July 1985.
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 (Entry Level Performance and Conduct).
The specific reasons are the results of the applicants academic
failures and disenrollment from both the 70230 and
42731 courses. Further, he has had to be disciplined for his
inappropriate conduct and duty performance in the squadron. His
lack of motivation and desire to be discharged from the Air
Force also are reasons to indicate he would not be a part of the
quality force the Air Force needs.
He was advised of his rights in this matter and after consulting
with counsel he elected to waive his right to submit a statement
on his own behalf. In a legal review of the case file, the
staff judge advocate found the case legally sufficient and
recommended discharge. The discharge authority concurred with
the recommendation and directed the applicant be discharged.
The applicant was discharged on 23 December 1985 with an entry
level separation. He served 5 months on active duty.
On 14 July 2014, a request for information pertaining to his
post-service activities was forwarded to the applicant for
review and response within 30 days (Exhibit C). As of this
date, no response has been received by this office.
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-2013-05108 in Executive Session on 14 August 2014,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05108 was considered:
Exhibit A. DD Form 149, dated 23 November 2013, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 14 July 2014.
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