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AF | BCMR | CY2014 | BC 2014 03094
Original file (BC 2014 03094.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03094

      					COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active 
Duty, be changed to reflect her character of service as honorable 
or medical.


APPLICANT CONTENDS THAT:

Her discharge status is not listed on her DD Form 214 and she was 
not dishonorably discharged.

The Board should consider her untimely application in the interest 
of justice because the DD Form 214 is part of her permanent record 
and the small amount of time she served still serves as skills 
learned.

The applicant did not provide any documentation in support of her 
request.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 19 May 87, the applicant enlisted in the Regular Air Force.  

On 4 Jun 87, the applicant was notified of her commander’s intent 
to recommend she be discharged from the Air Force under the 
provisions of AFR 39-10, Administrative Separation of Airmen for 
“Erroneous Enlistment.”  Specifically, it was determined the 
applicant was pregnant prior to her enlistment and entry on active 
duty, which would have disqualified her from enlistment.  The 
applicant acknowledged receipt of the notification of discharge, 
waived her rights to consult with counsel and to submit a 
statement on her own behalf  

The case was determined to be legally sufficient to support 
separation.  On 9 Jun 87, the discharge authority approved the 
separation and directed the applicant be discharged with 
uncharacterized service.  On 10 Jun 87, the applicant was 
discharged with uncharacterized service (entry-level) in the grade 
of airman basic.  She was credited with 22 days active duty 
service time.  


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states that the documentation 
on file in the master personnel records reflects the discharge was 
consistent with the procedural and substantive requirements of the 
discharge regulation and was within the discretion of the 
discharge authority.  

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 continuous 
active service, it would be unfair to the member and the service 
to characterize their limited service.  Therefore, her 
uncharacterized service is correct and in accordance with DoD and 
Air Force instructions.

The complete 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 12 Jan 15, for review and comment within 30 days (Exhibit D).  
As of this date, this office has not received a response.


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 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 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, 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-2014-03094 in Executive Session on 12 May 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 Jul 14.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 16 Dec 14.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Jan 15.



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