RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03162
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected as follows:
a. Item 23 Type of Separation, be changed from Entry
Level Separation to Honorable Discharge.
b. Item 24 Character of Service, be changed from
Uncharacterized to Honorable.
APPLICANT CONTENDS THAT:
His discharge was not based on any misdeeds. It was due to
failed medical/physical procurement standards and not any action
or inaction on his part. He acted in good faith.
In support of his request, the applicant provided a copy of his
DD Form 214.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 3 Jan
02.
On 5 Feb 02, the applicant was notified by his commander she was
recommending him for discharge for erroneous enlistment under
AFI 36-3208, Administrative Separation of Airmen, Chapter 5,
Section C, paragraph 5.14. Her reason for this action was the
fact the applicant did not meet the minimum medical standards to
enlist based on patella tendonitis. The applicant waived his
right to consult counsel and submit a statement on his behalf.
On 6 Feb 02, the discharge authority approved an entry level
separation with an uncharacterized character of service.
On 8 Feb 02, the applicant was furnished an Uncharacterized
Entry Level Separation, and was credited with 1 month, and 6
days of active service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force offices of
primary responsibility (OPR), which are attached at Exhibits C
and D.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice. Based on the documentation on file in
the master personnel record, the discharge was appropriately
administered and within the discretion of the discharge
authority.
The medical authorities concluded that the applicant had a pre-
existing medical condition that would have precluded him from
enlisting in the Air Force had the condition been made in
advance. Hence, both the commander and the discharge authority
correctly concluded that discharge was in order.
The Department of Defense (DoD) has determined if a member
served less than 180 days, it would be unfair to the member and
the service to characterize their limited service. Therefore,
the Uncharacterized character of service on the applicants DD
Form 214 is correct and in accordance with DoD and Air Force
instructions.
The applicants service characterization is correct on the DD
Form 214. Airmen are given Entry Level Separation and
Uncharacterized service characterization when separation is
initiated within the first 180 days of continuous active
service.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AETC/SGPS recommends denial indicating there is no evidence of
an error or an injustice. Based on the documentation on file in
the applicants records, they find the separation was done in
accordance with established policy and administrative
procedures.
The applicant was seen on 28 Jan 02 at Reid clinic for knee
pain. He was evaluated and given the diagnosis of Patella
Femoral Syndrome. This diagnosis is not conductive to military
service; therefore the applicant was processed for an entry
level separation. This condition tends to become symptomatic
with strenuous physical activity and he remains disqualified for
military service.
A complete copy of the AETC/SGPS 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 Feb 15 for review and comment within 30 days
(Exhibit E). 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 injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility (OPR) and adopt their 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-2014-03162 in Executive Session on 25 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03162 was considered:
Exhibit A. DD Form 149, dated 31 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 2 Oct 14.
Exhibit D. Memorandum, AETC/SGPS, dated 10 Oct 14.
Exhibit E. Letter, SAF/MRBR, dated 6 Feb 15.
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