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AF | BCMR | CY2013 | BC-2013-01455
Original file (BC-2013-01455.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-01455
      COUNSEL: NONE
									HEARING DESIRED: NO

________________________________________________________________
_

APPLICANT REQUESTS THAT: 

His general (under honorable conditions) discharge be change to 
honorable {sic}. 

Note: His character of service on his DD Form 214, Certificate 
of Release or Discharge from Active Duty actually reflects 
“uncharacterized” rather than general (under honorable 
conditions). 

________________________________________________________________
_

APPLICANT CONTENDS THAT:

His discharge was improper because his medical condition was 
noted on his enlistment paperwork and he verbalized it to his 
recruiter.  However, it was used against him in the discharge 
proceedings.

He needs his discharge changed in order to continue the 
necessary training, education and job placement that will allow 
for adequate earnings sufficient enough to sustain a family of 
four.  

In support of his appeal, the applicant provides copies of his 
Department of Veterans Affairs (DVA) Service Verification 
Letter, DVA Certificate of Eligibility, and various other 
documents associated with his application. 

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

________________________________________________________________
_

STATEMENT OF FACTS:

On 18 May 94, the applicant enlisted in the Regular Air Force in 
the grade of airman basic (E-1).  

According to a narrative summary, dated 13 Jul 94, the applicant 
was involved in a motor vehicle accident in Jul 93, when the car 
he was driving was struck head-on by an 18 wheeler truck and he 
was thrown against the dashboard.  He informed his recruiter and 
it is mentioned on his Standard Form 93, Report of Medical 
History that he had recurrent back pain; however, there is no 
documentation that his statement regarding his recurrent back 
pain was reviewed nor was he examined for it. 

A Medical Board Report dated 14 Jul 94, indicates a Medical 
Evaluation Board (MEB) diagnosed the applicant with Class C, 
Mechanical Low Back Pain which Existed Prior To Service (EPTS) 
and interfered with technical school training.  The board 
recommended the applicant be returned to duty for action under 
other directives.  

On 27 Jul 94, the commander notified the applicant that he was 
being recommended for discharge due to his failure to meet 
minimum medical standards to join the Air Force.  The applicant 
acknowledged receipt of the notification letter.  

On 29 Jul 94, after consulting with counsel, he waived his 
rights to submit a statement in his own behalf.  He also stated 
that he did not desire retention in the Air Force.  On 4 Aug 94, 
the discharge authority approved the applicant’s discharge under 
the provisions of AFR 39-10, Administrative Separation of 
Airmen.  

On 5 Aug 94, the applicant was discharged with an 
uncharacterized character of service and narrative reason for 
separation of “Failed Medical/Physical Procurement Standards.”  
He served 2 months and 18 days on active duty.

On 7 Nov 13, the AFBCMR staffed offered the applicant an 
opportunity to provide information pertaining to his activities 
since leaving the service (Exhibit C).  The applicant stated he 
was a squad leader, an honor graduate from Basic Military 
Training (BMT) and excelled in whatever tasks he was given until 
his injuries.  He has degrees in Biology, Chemistry, Public 
Health, Theology, and is a certified Public Manager on both the 
state and national levels.  He had never had any infraction with 
the law, outside of minor speeding tickets in the late 1980’s 
and early 1990.  In further support of his request, the 
applicant provides several character reference letters 

The applicant’s complete submission, with attachments is at 
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 find no evidence of an error or injustice 
that occurred in the discharge processing.  We note the applicant 
states that his discharge was improper because his medical 
condition was noted on his enlistment paperwork and was used 
against him in the discharge proceedings.  However, based on the 
available evidence of record, it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation and was within the commander's discretionary 
authority.  While the applicant requests his general discharge be 
upgrade to honorable, the evidence of record reflects that he did 
not receive a general discharge; rather his service was 
characterized as “uncharacterized.”  Airmen are given entry-level 
separation/uncharacterized service characterization 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.  Therefore, since the applicant only 
served 2 months and 18 days, his uncharacterized character of 
service is correct and in accordance with DoD and Air Force 
instructions.  Therefore, we conclude the applicant has provided 
no facts warranting a change to his character of service. In view 
of the above and 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 AFBCMR Docket 
Number BC-2013-01455 in Executive Session on 9 Jan 2014, under 
the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member






The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01455 was considered:

	Exhibit A.  DD Form 149, dated 18 Mar 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBC, dated 7 Nov 13.
	Exhibit D.  Letter, Applicant, undated, w/atchs 




					
								Panel Chair 
2


3





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