RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01455 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be change to honorable {sic}. Note: His character of service on his DD Form 214, Certificate of Release or Discharge from Active Duty actually reflects “uncharacterized” rather than general (under honorable conditions). ________________________________________________________________ _ APPLICANT CONTENDS THAT: His discharge was improper because his medical condition was noted on his enlistment paperwork and he verbalized it to his recruiter. However, it was used against him in the discharge proceedings. He needs his discharge changed in order to continue the necessary training, education and job placement that will allow for adequate earnings sufficient enough to sustain a family of four. In support of his appeal, the applicant provides copies of his Department of Veterans Affairs (DVA) Service Verification Letter, DVA Certificate of Eligibility, and various other documents associated with his application. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 18 May 94, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1). According to a narrative summary, dated 13 Jul 94, the applicant was involved in a motor vehicle accident in Jul 93, when the car he was driving was struck head-on by an 18 wheeler truck and he was thrown against the dashboard. He informed his recruiter and it is mentioned on his Standard Form 93, Report of Medical History that he had recurrent back pain; however, there is no documentation that his statement regarding his recurrent back pain was reviewed nor was he examined for it. A Medical Board Report dated 14 Jul 94, indicates a Medical Evaluation Board (MEB) diagnosed the applicant with Class C, Mechanical Low Back Pain which Existed Prior To Service (EPTS) and interfered with technical school training. The board recommended the applicant be returned to duty for action under other directives. On 27 Jul 94, the commander notified the applicant that he was being recommended for discharge due to his failure to meet minimum medical standards to join the Air Force. The applicant acknowledged receipt of the notification letter. On 29 Jul 94, after consulting with counsel, he waived his rights to submit a statement in his own behalf. He also stated that he did not desire retention in the Air Force. On 4 Aug 94, the discharge authority approved the applicant’s discharge under the provisions of AFR 39-10, Administrative Separation of Airmen. On 5 Aug 94, the applicant was discharged with an uncharacterized character of service and narrative reason for separation of “Failed Medical/Physical Procurement Standards.” He served 2 months and 18 days on active duty. On 7 Nov 13, the AFBCMR staffed offered the applicant an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C). The applicant stated he was a squad leader, an honor graduate from Basic Military Training (BMT) and excelled in whatever tasks he was given until his injuries. He has degrees in Biology, Chemistry, Public Health, Theology, and is a certified Public Manager on both the state and national levels. He had never had any infraction with the law, outside of minor speeding tickets in the late 1980’s and early 1990. In further support of his request, the applicant provides several character reference letters The applicant’s complete submission, with attachments is at 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 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 in the discharge processing. We note the applicant states that his discharge was improper because his medical condition was noted on his enlistment paperwork and was used against him in the discharge proceedings. However, based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander's discretionary authority. While the applicant requests his general discharge be upgrade to honorable, the evidence of record reflects that he did not receive a general discharge; rather his service was characterized as “uncharacterized.” 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 of continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, since the applicant only served 2 months and 18 days, his uncharacterized character of service is correct and in accordance with DoD and Air Force instructions. Therefore, we conclude the applicant has provided no facts warranting a change to his character of service. In view of the above and 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-2013-01455 in Executive Session on 9 Jan 2014, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01455 was considered: Exhibit A. DD Form 149, dated 18 Mar 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBC, dated 7 Nov 13. Exhibit D. Letter, Applicant, undated, w/atchs Panel Chair 2 3