RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00096
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His entry-level separation be changed to an honorable discharge.

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APPLICANT CONTENDS THAT:

He had an accident in basic training and fell from a utility pole.  He was discharged with disabilities prior to six months on active duty.  He indicates he was not offered the opportunity to seek a medical board.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 August 1999 in the grade of airman basic for a period of four years.  He enlisted with a Guaranteed Training Enlistment Agreement, AF Form 3007, for Electrical System Apprentice.  

On 6 December 1999, a medical statement from the Physician Assistant of the Student Health Center at the Air Education and Training Command (AETC), indicated the applicant had persistent knee and hip pain since he fell off a utility pole two months before.  X-rays failed to reveal any fractures.  Rest, medication and physical therapy were prescribed.  The medical statement indicated he should make a full recovery; however it would require weeks to months of continued rest and therapy.  It was recommended he be considered for reclassifying into a less physically demanding Air Force Specialty Code (AFSC).

On 4 January 2000, a Record of Administrative Training Action, AETC Form 125A, indicated grounds for disenrollment were not due to factors over which the applicant had control.  It was recommended the applicant not be considered for reinstatement into the same course at a later date; rather, he be considered for further technical training.  It further indicated the applicant entered the course on 5 October 1999.  On 18 October 1999, he was removed from training due to appendicitis, but was unable to return to complete the pole climbing objectives due to an unrelated problem, severe knee pain.  He had been on a profile since 22 November 1999 and had been receiving therapy.  His medical provider felt he would be able to make a full recovery; however, it would take months of continued rest and therapy to resolve.  Therefore, he was eliminated from the course and the commander concurred with the medical provider’s recommendation of reclassification into a less physically demanding career field.  During the short time the applicant attended the course, his behavior and attitude exceeded the required standards.  He did not state a particular interest in any career field and was unsure if he would like to remain in the service.  

On 6 January 2000, the applicant submitted a request for early separation under the provisions of AFI 36-3208, Air Force nonfulfillment of enlistment agreement.  He indicated he had been medically disqualified from his guaranteed AFSC.

On 12 January 2000, the unit commander approved the applicant’s request for separation.  He indicated he interviewed the applicant twice.  Each interview involved an explanation of alternative career fields.  The applicant declined consideration of other career fields and declined retraining.

On 2 February 2000, the convening authority approved the applicant’s discharge.

On 4 February 2000, the applicant was discharged in the grade of airman basic, with an Entry-Level Separation, under the provisions of AFI 36-3208 (Defective Enlistment Agreement) and given an Reenlistment Eligibility (RE) code of 2C (Involuntarily separated with an honorable discharge, or entry-level separation without characterization of service).  He completed 5 months and 24 days of total active duty service.

On 4 August 2001, a Department of Veterans Affairs Rating Decision indicated the applicant’s medical records showed an injury to his right hip during a period of active duty service.  The findings, when examined by VAMC Nashville, on 29 August 2000, showed no permanent residual or chronic disability involving the right hip.  In the absence of current medical evidence showing a chronic right hip disability associated with isolated injury to the right hip during active military service, service connection for right hip condition was denied.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated based on the documentation on file the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge 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 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, his uncharacterized character of service is correct and in accordance with Department of Defense and Air Force instruction.  An entry-level/uncharacterized separation should not be viewed as negative and should not be confused with other types of separation.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, the applicant requested the early separation when he could have retrained into another specialty.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 February 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief.  After thoroughly reviewing the evidence of record, we are not persuaded the applicant’s entry-level separation should be changed to an honorable discharge since the discharge process was initiated prior to the applicant reaching 180 days of active duty.  It appears the applicant’s discharge processing was appropriate and in compliance with the governing regulation.  However, while the separation program designator (SPD) and narrative reason of “Defective Enlistment Agreement” are technically correct, we believe this definition could inadvertently imply a negative action on the part of the applicant.  Rather, due to circumstances beyond the applicant’s control, he became medically disqualified for the specialty he chose on his guaranteed enlistment and had the option to separate, which he exercised.  In our view, an SPD code and narrative reason of “JFF/Secretarial Authority” would give a more neutral impression of the applicant’s separation.  Therefore, we recommend the applicant’s records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that in conjunction with his entry level separation on 4 February 2000, he was issued a separation program designator of “JFF,” instead of “KDS,” and a narrative reason of “Secretarial Authority,” rather than “Defective Enlistment Agreement.”

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The following members of the Board considered AFBCMR Docket Number BC-2004-00096 in Executive Session on 21 April 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 January 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 12 February 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 13 February 2004.

				Chair

AFBCMR BC-2004-00096

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to  , be corrected to show that in conjunction with his entry level separation on 4 February 2000, he was issued a separation program designator of “JFF,” instead of “KDS,” and a narrative reason of “Secretarial Authority,” rather than “Defective Enlistment Agreement.”

		
		Director
		Air Force Review Boards Agency