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AF | BCMR | CY2013 | BC 2013 05472
Original file (BC 2013 05472.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05472
	 XXXXXXXXX	COUNSEL: NONE
			HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

His character of service be changed from “uncharacterized” to 
“honorable.”


APPLICANT CONTENDS THAT:

He was denied a top secret clearance because of his student loan 
debt and was labeled an “espionage risk.”  He was not a risk for 
espionage.  Despite having the highest average in his technical 
school class, he was unjustly discharged from the Air Force.

The Board should find it in the interest of justice to consider his 
untimely application because the characterization is unfair.  He was 
a good airman who was denied the opportunity to serve his country.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 21 August 1991, the applicant enlisted in the Regular Air Force.

In a letter dated 8 January 1992, the Chief, Security Police 
recommended the cancellation of the applicant’s processing for a top 
secret security clearance and denial of access to classified 
material due to his financial irresponsibility.

On 16 January 1992, via AF Form 286a, Notification of Personnel 
Reliability Program (PRP) Permanent Decertification Action, the 
applicant was permanently decertified from PRP due to financial 
irresponsibility.

On 22 January 1992, via ATC Form 125A, Record of Administrative 
Training Action, the applicant was disenrolled from the Apprentice 
Missile Maintenance Specialist (ICBM) course because of 
“Prerequisite Deficiency.”

In a letter dated 14 February 1992, the applicant’s commander 
notified him that he was recommending he be discharged from the Air 
Force under the provisions of AFR 39-10, Administrative Separation 
of Airmen, for unsatisfactory performance.  The specific reasons for 
this action were he failed to make payments to his creditors, he was 
permanently decertified from the PRP and eliminated from the ICBM 
course for perquisite deficiency.
In a letter dated 14 February 1992, the applicant acknowledged 
receipt of the discharge notification, consulted with legal counsel 
and waived his right to submit statements in his behalf.

In a letter dated 20 February 1992, the discharge authority 
concurred with the commander’s recommendation and directed immediate 
separation.

On 21 February 1992, the applicant received an entry-level 
separation with uncharacterized service.  The narrative reason for 
separation is “Entry level Performance.”  He served on active duty 
for six months and one day.


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  The applicant did not submit any 
evidence or identify any errors or injustices that occurred in the 
discharge processing.  Airmen are given entry-level separation/ 
uncharacterized service characterizations when separation is 
initiated in the first 180 days of continuous active service.  The 
Department of Defense (DoD) determined if a member served less than 
180 days of continuous active service, it would be unfair to the 
member and the service to characterize their limited service.  In 
accordance with DoD and Air Force instructions, the applicant must 
be separated with an entry level separation since he was only on 
active duty for 178 days when the discharge action was initiated.

The complete DPSOR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 February 2014, a copy of the Air Force evaluation was 
forwarded to the applicant 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 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.  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 and adopt the rationale 
expressed as the basis for our conclusion the applicant has not been 
the victim of an error or injustice.  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 that the evidence presented did not 
demonstrate the existence of material error or injustice; that the 
application was denied without a personal appearance; and that 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 this application in 
Executive Session on 21 October 2014, under the provisions of AFI 
36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence pertaining to AFBCMR BC-2013-
05472 was considered:

      Exhibit A.  DD Form 149, dated 18 November 2013, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPSOR Advisory, dated 23 January 2014.
      Exhibit D.  Letter, SAF/MRBR, dated 17 February 2014.





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