RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04436 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be changed to a medical or an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He served for over six months and injured himself while on active duty. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty and his AF IMT 100, Request and Authorization for Separation. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 23 Sep 08, the applicant enlisted in the Regular Air Force. On 22 Jan 09, the applicant failed to demonstrate an acceptable level of responsibility and was placed in remedial military training for the purpose of helping him adjust to the standards expected of an airman in the Air Force. On 12 Mar 09, the applicant was notified of his commander’s intent to recommend his discharge from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen for failure to make satisfactory progress in a required training program. The applicant acknowledged receipt of the notification of discharge. The specific reason for the proposed action was: On or about 9 Jan 09, the applicant failed to refrain from consuming alcohol while under the age of 21, as it was his duty to do. For this misconduct, he received an Article 15, Uniform Code of Military Justice (UCMJ), reduction to the grade of airman basic, with a new date of rank of 23 Feb 09, and forfeiture of $699 pay. Between 15 Jan 09 and 21 Jan 09, the applicant had several incidents of misconduct: 1) he was late to the 0505 hours morning formation and a GI party; 2) failed his room inspection by failing to properly clean in four areas of his dorm room; 3) failed to report for duty. For these infractions, he received a letter of counseling (LOC). Between 26 Jan 09 and 4 Feb 09, the applicant had several incidents of misconduct: 1) his hair was out of military regulations; 2) failed a room inspection; 3) failed to be outside his dorm room for a 2200 hours accountability check; 4) failed to have any AETC Forms 341, Excellence/Discrepancy Report properly filled out; and 5) failed to properly clean in four areas of his dorm room. For these infractions, he received a letter of reprimand (LOR). On 2 Mar 09, the applicant was academically eliminated from the Air Traffic Control Apprentice Course. Specifically, he failed the block II test, on two occasions, with scores of 30 percent and 62 percent, respectively. The applicant after consulting with counsel submitted a statement on his own behalf. On 17 Mar 09, the applicant’s physical evaluation document, DD Form 2697, Report of Medical Assessment indicates he reported that “my back still hurts.” The evaluating physician, nevertheless, found him “worldwide qualified and fit for separation.” A recommendation for follow-up with a chiropractor is noted on the document. On 23 Mar 09, the Chief, Administrative Discharge Branch reviewed the case and recommended the applicant be discharged with an entry-level separation for unsatisfactory entry-level performance or conduct under the provisions of AFI 36-3208. On 24 Mar 09, the discharge authority approved the separation. The applicant received an uncharacterized entry-level separation, by reason of entry-level performance or conduct, and was issued a reentry (RE) code of 2C. He served on active duty for a period of 6 months and 10 days. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states 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, his uncharacterized service is correct and in accordance with DoD and Air Force instructions. DPSOS states that based on the documentation on file in the master personnel records, the discharge, to include the service characterization was appropriately administered and within the discretion of the discharge authority. The applicant did not provide any evidence of an error or injustice occurred in the processing of his discharge warranting a change to his type of discharge or character of service. The complete DPSOS 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 4 Sep 12 for review and comment within 15 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of 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 that the applicant has not been the victim of an error or injustice. While we note the applicant requests a medical discharge, we do not find the evidence presented is sufficient to make the requested change. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2011-04436 in Executive Session on 4 Oct 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Nov 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 21 Feb 12. Exhibit D. E-mail Communique´, SAF/MRBC, dated 4 Sep 12.