RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01253 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect the following changes:

a)	Separation type is changed from Entry Level Separation (ELS) to a medical discharge; and

b)	Characterization of service is changed to honorable.

APPLICANT CONTENDS THAT:
He was unable to complete Basic Military Training (BMT) due to medical injury. When he got a job with the Department of Veterans Affairs (DVA), he attempted to gain credit for his active duty military history, but was told he needed  an honorable discharge.

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

STATEMENT OF FACTS:
On 10 Apr 07, the applicant entered the Regular Air Force.
According to AF Form 356, Findings and Recommendation of the USAF Physical Evaluation Board, he was diagnosed with Right Hip Anterior – Superior Labral Tear and was deemed unfit for duty by the Informal Physical Evaluation Board (IPEB) who recommended he be Discharged With Severance Pay (DWSP).

According to AF IMT 1180, Action on Physical Evaluation Board Findings and Recommended Disposition, dated 1 Aug 07, after receiving counsel, the applicant agreed with the findings and disposition of the PEB and waived his right to an appeal.

On 10 Aug 07, the applicant was furnished an entry-level separation with an uncharacterized character of service and narrative reason for separation as disability, severance pay. He was credited with 4 months and 1 day of active service.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which have been attached at Exhibits C and D.

AIR FORCE EVALUATION:
AFPC/DPFDD recommends denial of the applicant’s request to change his entry-level separation to a medical discharge. The applicant served four months and one day on active duty. Per AFI 36-3208 [sic], Administrative Separation of Airmen, Chapter 1, paragraph 1.19, “Airmen are in entry level status during the first 180 days of continuous active military service…”

However, it is recommended to change the applicant’s characterization of service to honorable. The Secretary of the Air Force determines, on a case-by-case basis, that characterization as honorable is clearly warranted by unusual circumstances of personal conduct and performance of military duty.”

A complete copy of the AFPC/DPFDD evaluation is at Exhibit C.
The AFBCMR Medical Consultant concurs with the recommendation of AFPC/DPFDD to change the applicant’s DD Form 214 to reflect he was discharged with an honorable character of service. The consultant leaves to the discretion of the Board whether to change the Type of Separation from ELS to medical discharge, as the applicant meets criteria for both. The Board is reminded that an ELS is a type of administrative discharge under AFI 36- 3208; which begins with the opening statement, “This instruction states how we administratively separate enlisted members for all reasons except physical disability or court martial.”

The recommendation for an honorable character of service by the AFPC/DPFDD reviewer was based upon paragraph 1.19.1.2, although subparagraph 1.19.1.2.3 more accurately justifies the change. The fact that the applicant was discharged after four months of service, however appears to be the only factor justifying use of the AFI 36-3208 ELS criterion. Moreover, the recommendation for honorable service characterization, albeit attributed to an exception under AFI 36-3208 by the AFPC/DPFDD reviewer, was not based upon any “unusual circumstances of personal conduct and performance of military duty.” Although technically qualifying for an entry level separation, if based solely upon the applicant’s brief length of service, he clearly warranted a medical separation with an honorable character of service; as he

was processed through the Disability Evaluation System, IAW AFI 36-3212, for a service-incurred medical condition which rendered him unfit for continued military service.

A complete copy of the AFBCMR Medical Consultant evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 30 Oct 15 for review and comment within 30 days (Exhibit E). 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. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; 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 related to the applicant's request to change his type of separation from entry level to medical discharge. We took notice of the applicant’s complete submission, including attachments, in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPFDD and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We note that the AFBCMR Medical Consultant leaves to the discretion of the Board, the decision on whether to change the type of separation. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting said relief.

4.	Notwithstanding our determination above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice concerning the applicant’s request to change his character of service from uncharacterized to honorable. Concerning this issue, we agree with the opinions and recommendations of AFPC/DPFDD and the AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, the applicant’s records should be corrected as indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his August 10, 2007 separation, should reflect “Honorable” in block 24, Character of Service.

The following members of the Board considered AFBCMR Docket Number BC-2015-01253 in Executive Session on 5 Jan 16 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 19 Mar 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPFDD, dated 11 May 15. Exhibit D.	Memorandum, SAF/MRBC dated 26 Oct 15.
Exhibit E.	Letter, SAF/MRBR, dated 30 Oct 15.