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Decision Text

AF | BCMR | CY2013 | BC-2013-00811
Original file (BC-2013-00811.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00811

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her entry-level separation be changed to an honorable discharge.  

________________________________________________________________

APPLICANT CONTENDS THAT:

She is not eligible for benefits from the Department of Veterans Affairs (DVA) due to the characterization of her service.  

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate she enlisted in the Regular Air Force on 24 July 2012.

On 2 August 2012, the applicant was provided a mental health evaluation and was diagnosed with an adjustment disorder, not otherwise specified.  The Behavioral Analysis Service (BAS) recommended the applicant’s separation due to her lack of motivation, coping skills, and difficulty adjusting to her training environment.  

On 8 August 2012, the applicant was notified by her commander of his intent to recommend her discharge for a condition that interferes with military service, specifically for mental disorders.  

On 8 August 2012, the applicant acknowledged receipt of the action, waived her right to consult with counsel or submit statements on her own behalf, and acknowledged that she was not entitled to any disability, retirement, or severance pay.  

On 9 August 2012, the applicant was furnished an entry-level separation with uncharacterized service and a narrative reason for separation of “Adjustment Disorder” and was credited with 16 days of total active service.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice.  Based on the documentation on file in the master personnel records, the discharge was appropriately administered and within the discretion of the discharge authority.  Airmen are given entry-level separation with uncharacterized service when separation is initiated within the first 180 days of continuous active service.  The Department of Defense (DoD) determined that it would be unfair to the department or the member to characterize a member’s limited service when such service is less than 180 days.  Therefore, she was appropriately issued an entry-level separation in accordance with Air Force Instruction 36-3208, Administrative Separation of Airmen.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 April 2013 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an 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 (OPR) and adopt its rationale 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 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-2013-00811 in Executive Session on 21 November 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 5 February 2013, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOR, dated 1 April 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 14 April 2013. 




                                   
                                   Panel Chair



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