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 applicants 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 applicants 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 applicants 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 applicants
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 members limited
service when separation is initiated within the first 180 days
of active service. The applicants service characterization, to
include his separation code are correct and in accordance with
the Department of Defense (DOD) policy. The documentation in
the applicants 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 applicants 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 applicants entry-
level separation for erroneous entry was consistent with the
procedural and substantive requirements of the governing
instructions and within the commanders 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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