RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02654

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His uncharacterized service characterization be upgraded.

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APPLICANT CONTENDS THAT:

His failure to meet the physical standards for military service 
was due to the injury he incurred to his knees while in 
technical school training.  The uncharacterized service 
characterization has prevented him from receiving benefits.

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, and two letters from the Department of Veterans Affairs 
(DVA) and the Veterans of Foreign Wars.

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

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STATEMENT OF FACTS:

On 26 Jul 90, the applicant commenced his enlistment in the 
Regular Air Force.

On 18 Oct 90, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for Erroneous 
Enlistment.  The specific reason for the discharge action was on 
2 Oct 90, a medical evaluation board (MEB) determined the 
applicant did not meet the medical standards to enlist due to 
Bilateral Medial Plica Syndrome (tight hamstrings).  The MEB 
recommended discharge due to a physical disability that existed 
prior to service (EPTS) and was not aggravated by military 
service.

On 18 Oct 90, the applicant acknowledged receipt of the 
notification and waived his right to consult with legal counsel 
or to submit a statement in his own behalf.

On 29 Oct 90, the discharge authority directed the applicant be 
furnished an entry-level separation with uncharacterized 
service.  He was so discharged on 2 Nov 90 and was credited with 
three months and seven days of total active service.

On 25 Feb 14, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit C).  In response the applicant states since leaving 
military service he has worked, graduated from college.  He is a 
certified public accountant and is running a small accounting 
firm.  He has worked with other small business, individuals and 
government and local nonprofit agencies.  He has held a 
leadership role with the local Parent-Teacher Association (PTA), 
Chamber of Commerce and Small Business Network (SBRN).  He also 
volunteered with the junior achievement program at Florida Gulf 
University.  The applicant’s complete response is at Exhibit D.

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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 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 an injustice.  We took 
notice of the applicant’s complete submission, to include his 
rebuttal response, in judging the merits of the case; however, 
we find no evidence of an error or injustice that occurred in 
the discharge process.  Based on the available evidence of 
record, it appears the applicant’s entry-level separation with 
uncharacterized service was consistent with the substantive 
requirements of the discharge regulation and within the 
discharge authority’s discretion.  As a matter of DOD policy, 
Airmen are given entry-level separation with uncharacterized 
service when separation is initiated in the first 180 days of 
continuous active service.  He has provided no evidence which 
would lead us to believe that his entry-level separation with 
uncharacterized service was improper or contrary to the 
provisions of the governing directive.  Therefore, in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend favorable consideration of the applicant’s request.

________________________________________________________________

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-2013-02654 in Executive Session on 27 Mar 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 30 May 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 25 Feb 14, w/atch.
	Exhibit D.  Letter, Applicant, dated 17 Mar 14.




                                   
                                   Panel Chair
1