RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02487
							INDEX CODES:  A29.00, 100.06
										110.02

								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His discharge characterization be changed from uncharacterized to honorable.

His reenlistment eligibility (RE) code of “2C” (Involuntarily separated with an entry level separation without characterization of service) be changed.

The type of his separation be changed from entry-level separation to a medical discharge.

His records be corrected in such a manner as to render him eligible for unemployment compensation.

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APPLICANT CONTENDS THAT:

His records should be corrected to reflect that he was honorably discharged so that he can continue with medical treatment of his knee.  He was injured while on active duty and should be able to make a claim with the Department of Veterans Affairs (DVA).  However, he is unable to do so.  In addition, although he has been unemployed for months, he has been unable to receive unemployment compensation.

In support of his appeal, the applicant submits a copy of SAF/MRBR’s letter of 6 Aug 07, requesting clarification of his request.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 Jun 06 for a period of six years. 

On 31 Oct 06, the applicant was treated for knee pain at the Flight Medicine Clinic after complaining of a shooting pain as soon as he began running on 30 Oct 06.  He was treated with medication and placed on a temporary exercise restriction until 3 Nov 06.

On 7 Nov 06, the applicant was notified of his commander's intent to recommend his separation for entry-level performance or conduct for failure to make satisfactory process in a required training program.  Specifically, he was academically eliminated from the Air Traffic Control Apprentice Course for failing Blocks II and III tests with scores of 68 and 54 percent, respectively.  In addition, he was counseled for writing letters during class.  He waived his right to consult legal counsel and did not provide a written statement for his commander’s consideration.  The proposed action was found legally sufficient and on 6 Dec 06, the discharge authority approved his entry level separation.

On 27 Nov 06, he was evaluated at the Flight Medicine Clinic based on complaints of leg pain and diagnosed with joint pain, localized in the knee.

On 1 Dec 06, the applicant underwent a Magnetic Resonance Imaging (MRI) examination of his knee at a civilian MRI facility.  The civilian physician concluded the applicant had degenerative grade II signal within the posterior horn of the medical meniscus, without definite medical tear identified, grade II chondromolacia patella, and minimal suprapatellar bursa effusion.  

On 5 Dec 06, the applicant underwent an MRI follow-up appointment at the Flight Medicine Clinic, which resulted in the diagnoses of an acute upper respiratory infection and patellofemoral syndrome.  He was placed on quarters from 5 to 7 Dec 06.

Applicant was discharged on 12 Dec 06 under the provisions of AFI 36-3208, (Entry Level Performance and Conduct), with uncharacterized service and assigned an RE code of 2C.  He completed a total of six months of active service. 

On 10 Sep 07, AFPC/DPSOS advised the applicant that Federal Law (Title 5, United States Code, Section 8521) and Public Law 97-362, states a member must complete their first full term of service and receive an under honorable conditions discharge; and that he was denied unemployment compensation based on not completing his first full term of service. 

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial and states, in part; the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  His uncharacterized service is correct and in accordance with Department of Defense (DoD) and Air Force instructions.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and provided no facts warranting a change to his uncharacterized character of service.

According to AFPC/DPSOS, airmen are given entry level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The 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.

A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial since there is no evidence of an error or an injustice and the applicant did not submit any evidence to indicate otherwise.  In addition to his documented academic failure, his records also documented his inability to grasp basic Air Traffic Control (ATC) concepts and other incidents involving arguing with a noncommissioned officer (NCO), sleeping in the break room, and not conforming to the military life style.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.

AFPC/DPPD recommends denial and states the preponderance of evidence reflects the Physical Disability Division never received a referral to the Physical Evaluation Board (PEB), and therefore, could not have given the applicant a medical discharge.

A complete copy of the AFPC/DPPD evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to the applicant on 26 Oct 07, for review and comment within 30 days.  However, as of this date, no response has been received by this office (Exhibit F).

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request that his uncharacterized service be changed to an honorable discharge, his RE code of 2C be changed, his entry level separation be changed to a medical discharge, and his records be corrected to reflect his eligibility for unemployment compensation.  The evidence of record indicates the applicant was given an entry level separation for entry level performance and conduct based on his failure to make satisfactory progress in a required training program.  Because he was within his first 180 days of active service, he was given an entry level separation with uncharacterized service, and was assigned an RE Code of 2C.  We find no evidence which would lead us to believe that his entry level separation with uncharacterized service was improper or contrary to the governing instruction under which it was effected, or that his RE code was inappropriately assigned and inaccurately reflected the circumstances of his separation.  We also find no evidence he was ever found unfit to perform the duties of his rank or office.  Further, we note the applicant did not complete his first full term of service; therefore, he was not eligible for unemployment compensation.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we conclude that the applicant has failed to sustain his burden of establishing he has suffered either an error or an injustice.  Accordingly, we find no compelling basis to recommend granting the applicant’s requests.

4.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice warranting a change in the reason for separation.  As noted above, we believe the separation action taken against the applicant was in accordance with the applicable instruction.  However, after a thorough review of the facts and circumstances of this case, we find the narrative reason for his separation; i.e., entry level performance and conduct, to be overly harsh.  In our view, it was primarily the applicant’s academic deficiency that ultimately resulted in his separation, and not any misconduct.  Therefore, in order to correct the injustice of improperly labeling the applicant, his narrative reason for separation should be corrected to accurately reflect the circumstances of his separation.  Accordingly, we recommend the applicant’s records be corrected by deleting the words “and conduct” from his narrative reason for separation.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected by deleting the words “and conduct” from Block 28 (Narrative Reason for Separation) on his DD Form 214, Certificate of Release or Discharge from Active Duty, issued as a result of his entry level separation on 12 Dec 06.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02487 in Executive Session on 13 Dec 07, 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 10 Aug 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOS, dated 11 Sep 07.
     Exhibit D.  Letter, AFPC/DPSOA, dated 12 Sep 07, w/atchs.
     Exhibit E.  Letter, AFPC/DPPD, dated 28 Sep 07.
     Exhibit F.  Letter, SAF/MRBR, dated 26 Oct 07.