RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01872 INDEX CODE:	110.02
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His character	of	service	be	changed	from	"uncharacterized"	to "honorable."

APPLICANT CONTENDS THAT:
He served his country proudly and never had any disciplinary problems. His current discharge is hurting his chances to utilize veterans' benefits.

In support of his appeal, applicant submitted a personal statement and a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States.

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

STATEMENT OF FACTS:
The applicant contracted his initial enlistment in the Air Force on 17 Jan 91, as an airman basic (AB) for a period of four years.

On 3 May 91, his commander notified him he was recommending his discharge from the Air Force for claustrophobia. The specific reasons for this action were:

a.	On or about 11 Apr 91, while engaged in firefighter training the applicant stated to his training instructor that he had trouble breathing with the breathing apparatus.

b.	On   or   about    24    Apr    91,    a    psychol ogi st    i ssued    an eval uat i on  r epor t   conf i r mi ng  he  had  cl aust r ophobi a.

c.	On or about 25 Apr 91, he was eliminated from Firefighter School for claustrophobia.

His commander advised him of his rights in this matter.

On 3 May 91, he acknowledged receipt of the notification and waived his right to consult legal counsel and submit a statement in his own behalf.

On 7 May 91, the base legal office reviewed the case and found it legally sufficient to support separation and recommended discharge with an entry-level separation.

On 7 May 91, the discharge authority directed separation with an uncharacterized entry-level separation.

He was discharged on 8 May 91. He served 3 months and 22 days on active duty.

AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states based on the documentation in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The discharge was within the discretion of the discharge authority. The applicant did not submit any evidence or identify any errors or injustices that occurred in the processing of his discharge.

Airmen are given an entry-level separation when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined if a servicemember served less than 180 days of continuous active service, it would be unfair to the servicemember and the service to characterize their limited service.

AFPC/DPSOS' complete 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 9 Jan 09, for review and response within 30 days. 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.
1.	
3.	Insufficient		relevant		evidence		has		been		presented		to demonstrate the existence of an error or an 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 decision that the applicant		has	failed		to	sustain		his	burden		of	proof	of		the existence of either an error or injustice.	We  ar e  not	per suaded by		t he		evi dence		pr esent ed	t hat		t he	unchar act er i zed	ent r y- l evel separ at i on	r ecei ved	by	t he	appl i cant		shoul d	be		changed	t o	  an honor abl e			di schar ge.					We		ar e		compel l ed		t o		not e		t hat unchar act er i zed  separ at i on  i s  not		an  unf avor abl e  r ef l ect i on   upon t he  appl i cant ' s	mi l i t ar y		ser vi ce  nor		shoul d  i t	be  conf used  wi t h ot her		t ypes	of		separ at i on.			Rat her ,		an		ent r y- l evel		separ at i on wi t h	unchar act er i zed		ser vi ce	i s	used	i n		t hose	   cases	wher e		t he member	has  not	yet	compl et ed  si x  mont hs  of		ser vi ce  at	t he  t i me  of separ at i on	pr oceedi ngs		wer e,	f or		what ever		r easons,		i ni t i at ed. Henc e,	an  unchar act er i zed  separ at i on  mer el y   connot es  t he  br evi t y of	an  i ndi vi dual ' s  member shi p  i n  t he  ser vi ce   and  may  not ,		i n  and of	i t sel f ,		be  vi ewed  as  a  def amat i on  of	  char act er .		I n  i nst ances wher e  a  f or mer		member		has	not		compl et ed   si x		mont hs		of	ser vi ce, char act er i zat i on  of		hi s	or	her	ser vi ce  as   honor abl e  i s  nor mal l y appr opr i at e	when	ext enuat i ng	f act or s		exi st .			Howev er ,	af t er	a t hor ough  r evi ew of	t he  appl i cant ' s  submi ssi on  and  t he  evi dence  of r ecor d,		we	see		no	evi dence	of		any	ext enuat i ng	ci r cums t ances	i n t hi s	case.			Ther ef or e,	i n		t he	 absence	of		per suasi ve	evi dence i ndi cat i ng	t hat		t he	appl i cant		 was	depr i ved	of	r i ght s		t o	whi ch ent i t l ed	or		t hat		i nappr opr i at e	 st andar ds		wer e	appl i ed	i n		hi s case,		we		f i nd		no	compel l i ng		basi s	t o	r ecommend		gr ant i ng		t he r el i ef	sought	i n  t hi s  appl i cat i on.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2008-01872 in Executive Session on 24 Feb 09 under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-01872 was considered:

Exhibit A.	DD Form 149, dated 9 May 08, w/atch. Exhibit B.	Master Military Personnel Records.
Exhibit C.	Letter, AFPC/DPSOS, dated 24 Nov 08. Exhibit D.	Letter, SAF/MRBR, dated 9 Jan 09.