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AF | BCMR | CY2014 | BC 2014 01452
Original file (BC 2014 01452.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01452

					COUNSEL:  NONE

		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His entry-level separation (ELS) with uncharacterized service be 
upgraded to an honorable or general discharge.


APPLICANT CONTENDS THAT:

He did not have any issues with his knee prior to entering 
active duty.  He did not realize how his uncharacterized service 
characterization would affect his opportunities for training and 
advancement at his place of employment.

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


STATEMENT OF FACTS:

On 23 Oct 06, the applicant commenced his enlistment in the 
Regular Air Force.

On 23 Mar 07, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for Erroneous 
Enlistment.  The specific reason for the discharge action was 
the applicant’s diagnosis of right knee pain (Osgood Schlatter) 
which was determined to have existed prior to him entering 
active service.  

The applicant acknowledged receipt of the action and waived his 
right to counsel and to submit a statement in his own behalf.

On 27 Mar 07, the legal office reviewed the case and found it 
legally sufficient to support separation and recommended the 
applicant be furnished an entry-level separation.

On 2 Apr 07, the discharge authority directed the applicant be 
furnished an entry-level separation with uncharacterized 
service.  On 4 Apr 07, he was furnished an entry-level 
separation with uncharacterized service, and was credited with 
5 months and 12 days of total active service.

AIR FORCE EVALUATION:

AETC/SGPS recommends approval noting while the applicant’s 
separation was carried out in accordance with established policy 
and administrative procedures, his medical condition has a 
tendency to be become asymptomatic over time with rest and no 
strenuous activity.  Therefore, it appears his condition may 
have resolved based on him having completed annual fitness tests 
with his employer.  

A complete copy of the AETC/SGPS evaluation is at Exhibit C. 

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or an injustice.  Airmen are given an entry-level 
separation with uncharacterized service when separation is 
initiated in the first 180 days of continuous active service.  
The Department of Defense (DoD) determined it would be unfair to 
the member or the service to characterize a member’s limited 
service when separation is initiated within the first 180 days 
of active service.  The applicant’s service characterization, to 
include his separation code are correct and in accordance with 
the Department of Defense (DOD) policy.  The documentation in 
the applicant’s master personnel records indicates the discharge 
was consistent with the procedural and substantive requirements 
of the discharge instruction and was within the discretion of 
the discharge authority.  The applicant has not provided any 
evidence or identified any errors or injustices that occurred in 
the discharge processing to warrant changing his discharge, 
service characterization, or the narrative reason for 
separation.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 6 Jan 15 for review and comment within 30 days 
(Exhibit D).  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 an injustice to warrant 
upgrading the applicant’s entry-level separation with 
uncharacterized service to honorable.  While we note the 
AETC/SGPS recommendation to grant relief, we agree with the 
opinion and the recommendation of AFPC/DPSOR and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  Based on the 
available evidence of record, it appears the applicant’s entry-
level separation for erroneous entry was consistent with the 
procedural and substantive requirements of the governing 
instructions and within the commander’s discretionary authority.  
He has provided no evidence which would lead us to believe his 
entry-level separation with uncharacterized service was improper 
or contrary to the provisions of the governing directive.  
Therefore, absent evidence the applicant was not afforded rights 
to which he was entitled, there was an abuse of discretionary 
authority, or appropriate standards were not applied, we find no 
basis to recommend granting the requested relief.


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-2014-01452 in Executive Session on 24 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Apr 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AETC/SGPS, dated 13 Aug 14.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 18 Nov 14.
Exhibit E.  Letter, SAF/MRBR, dated 6 Jan 15.

						





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