RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02479
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
His uncharacterized service be changed to an honorable
discharge.
APPLICANT CONTENDS THAT:
He was in Air Force Officer Training School (AFOTS) from 2 March
2001 through 23 May 2001. He currently works for the Federal
Government and his service computation date is being comprised
due to his discharge status.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
1 February 1991.
On 31 January 1995, the applicant was honorably released from
active duty and transferred to the Air Force Reserve in the
grade of senior airman under the provisions of AFI 36-
3208 (Completion of Required Active Duty). He served four years
of active service.
The applicant entered active duty and Officer Training School
(OTS) on 2 March 2001. He completed OTS on 23 May 2001 and
received an uncharacterized entry level separation under the
provisions of AFI 36-3208 (Commission or Warrant in Same Branch
of Service) as indicated by the Certificate of Release or
Discharge from Active Duty, DD Form 214. He served 2 months and
22 days on active duty.
The applicant was commissioned as an officer in the United
States Air Force from 24 May 2001 until 30 September 2011 until
he was discharged in the grade of captain under the provisions
of AFI 36-3207 (Non-selection, permanent promotion).
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice. DPSOR states the applicants
completion of two months on active duty in OTS required
discharge with an entry level separation.
Per AFI 36-3208, paragraph 1.19.l - Airmen are in entry level
status during the first 180 days of continuous active military
service or in the first 180 days of continuous active military
service after a break of more than 92 days of active service.
The record shows that there was an apparent 6 year break in
service from 1995 when the applicant separated until 2001 when
the applicant entered OTS. In addition, once the applicant
began his training in 2001, the length of OTS was less than
180 days, therefore, upon completion of OTS, entry level
separation was warranted in this case.
Furthermore, Table 1.1 of AFI 36-3208 indicates that when an
individual receives an appointment as a commissioned or warrant
officer and the airman is in an entry level status, the type of
separation authorized is an entry level separation. Therefore,
the type of separation, the SPD code and the narrative reason
for separation as indicated on the applicants DD Form 214 are
correct.
Based on the documentation on file in the master personnel
records - the discharge to include the type of separation, the
SPD code, the narrative reason for separation and character of
service was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority. They found no evidence
of an error or injustice in the processing of the applicants
discharge.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 October 2014 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 is timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants 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. Therefore,
we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the
basis for our conclusion the applicant has failed to sustain his
burden of proof of the existence 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
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-2014-02479 in Executive Session on 2 April 2015, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 June 2014, w/atchs.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, AFPC/DPSOR, dated 28 July 2014.
Exhibit D. Letter, SAF/MRBR, dated 10 October 2014.
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