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AF | BCMR | CY2013 | BC 2013 05716
Original file (BC 2013 05716.txt) Auto-classification: Denied
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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