RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04628 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her entry-level separation with uncharacterized service be upgraded to an honorable discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: She is having difficulties in finding gainful employment because of her uncharacterized character of service. She served honorably in the Air Force without receiving reprimands or negative reports; therefore, her discharge should be upgraded to honorable. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate she enlisted in the Regular Air Force on 15 January 2002. On 21 May 2002, the applicant was notified by her commander of his intent to recommend her discharge from the Air Force for unsatisfactory entry-level performance or conduct. The specific reason for the action was exceeding body fat or failure to meet fitness standards. On 21 May 2002, the applicant acknowledged receipt of the action, waived her right to legal counsel, and elected not to submit a statement on her behalf. On 22 May 2002, the case was found to be legally sufficient. On 23 May 2002, the discharge authority directed the applicant be furnished an entry-level separation with uncharacterized service. On 30 May 2002, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of “Entry-level performance and conduct,” and an RE code of 2C (Entry-level separation without characterization of service). She was credited with 4 months and 16 days of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. Based on the documentation on file in the master personnel records, the discharge was appropriately administered and within the discretion of the discharge authority. Airmen in entry-level status should be discharged when their unsatisfactory performance or conduct shows they are not qualified to be productive members of the Air Force. They are given entry-level separation with uncharacterized service when separation is initiated within the first 180 days of continuous active service. The Department of Defense (DoD) determined that it would be unfair to the Department or the member to characterize a member’s limited service when such service is less than 180 days. Therefore, she was appropriately issued an RE code of 2C as the result of her entry-level separation with uncharacterized service in accordance with DoD and Air Force instructions. A complete copy of the AFPC/DPSOR 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 14 December 2012 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred during the discharge process. Based on the evidence of record, it appears the applicant’s entry-level separation, with uncharacterized service for unsatisfactory entry-level performance or conduct, was consistent with the substantive requirements of the governing instructions and within the commander’s discretionary authority. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend favorable consideration of the relief requested. ________________________________________________________________ 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-2012-04628 in Executive Session on 25 June 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 September 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 11 December 2012. Exhibit D. Letter, SAF/MRBR, dated 14 December 2012.