RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05716
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His narrative reason for separation Entry Level Performance or
Conduct be changed to Physical Condition Not a Disability.
APPLICANT CONTENDS THAT:
He was not properly discharged. In September 2010, he had a
right knee injury and was placed on medical hold. Due to his
Air Force Specialty Code (AFSC) 1T211 Pararescue Helper he
was held back longer. While on medical hold he received news
from home that his local fire department was hiring and he
wanted to apply. This job opportunity played a big role in him
wanting to be discharged. He further states he did not realize
that his discharge would prevent him from serving his country
again.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 June 2010.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFPD 36-32 and AFI 36-3208. The specific reason
was on 7 September 2010, the applicant self-eliminated from the
Pararescue Indoctrination Course. As a result, he was removed
from the course.
He was advised of his rights in this matter and waived his right
to consult with counsel and to submit a statement on his own
behalf. In a legal review of the case file, the assistant staff
judge advocate found the case legally sufficient and recommended
separation. The discharge authority concurred with the
recommendation and directed the applicant be discharged. The
applicant was discharged on 3 December 2010 with an entry level
separation. He served 5 months and 12 days on active duty.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states a review of the
applicant's records shows that he requested removal from the
course due to wanting to start a family and the stress of
military training was too much for him and his family. The
applicant did not want to be re-classified into another Air
Force Specialty and discharge processing actions were taken in
accordance with the governing directive. Therefore, the
applicant's SPD code and narrative reason for separation are
correct as indicated on the applicant's DD Form 214. The
applicant's service characterization is also correct as
reflected on his DD Form 214. Airmen are given entry-level
separation/uncharacterized service characterization when
separation is initiated in the first 180 days continuous active
service. The Department of Defense (DoD) determined if a member
served less than 180 days continuous active service, it would be
unfair to the member and the service to characterize their
limited service. Therefore, the uncharacterized character of
service listed on his DD Form 214 is correct and in accordance
with DoD and Air Force instructions.
Based on the documentation on file in the master personnel
records, the discharge to include the SPD code, character of
service and narrative reason for separation were appropriately
administered and within the discretion of the discharge
authority. The applicant did not provide any evidence that an
error or injustice occurred in the processing of his discharge.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 September 2014 for review and comment 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 an error or injustice. After a
thorough review of the evidence of record, it is our opinion
that given the circumstances surrounding his separation from the
Air Force, the narrative reason for separation assigned was
proper and in compliance with the appropriate instructions. In
addition, the applicant has not provided any evidence which
would lead us to believe otherwise. Therefore, we agree with
the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. 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 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-2013-05716 in Executive Session on 7 October 2014,
under the provisions of AFI 36-2603:
Although Ms. Barger chaired the panel, in view of her
unavailability, Mr. Vecera has agreed to sign as Acting Panel
Chair. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 December 2013.
Exhibit B. Letter, AFPC/DPSOR, dated 17 January 2014.
Exhibit C. Letter, SAF/MRBR, dated 5 September 2014.
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