RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03569

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, line 14, Character of Service, be changed from “uncharacterized” to “general (under honorable conditions).”

APPLICANT CONTENDS THAT:

A change in his Character of Service will allow him to be able to file a claim with the Department of Veterans Affairs (DVA).  He has a 10 percent disability rating and cannot be seen at the DVA.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 12 Dec 06.

On 7 Feb 07, the applicant was placed on temporary duty restrictions as a result of his abdominal hematoma diagnosis and referred to the Medical Evaluation Board (MEB).  

On 20 Feb 07, a MEB referred the applicant to the Informal Physical Evaluation Board (PEB).

On 2 Mar 07, the Informal PEB found the applicant unfit and recommended discharge with severance pay and a compensable rating of 10 percent.  

On 7 Mar 07, the applicant agreed with the informal PEB findings and recommendations and waived his right to a formal PEB hearing.

On 15 Mar 07, the applicant was furnished an entry level separation with an uncharacterized character of service, and was credited with three months, and four days of active service.   

On 20 Oct 16, the Air Force Board for Correction of Military Records (AFBCMR) staff advised the applicant that AFI 36-2603, Air Force Board for Correction of Military Records, requires that if an applicant has not exhausted all available effective administrative remedies, the application will be denied by the Board on that basis.  He was further advised that the Air Force Discharge Review Board (AFDRB) is the first level of review for those who are seeking a change to the characterization of service.  The AFBCMR invited the applicant to administratively close his case until such time that he was able to avail himself of the administrative avenue (Exhibit E).

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denial indicating there is no evidence of an error or an injustice.  The applicant’s DD Form 214 issued at the time of his release from active duty is correct. The applicant served less than 180 days on active duty and, as such, met the criteria for “Entry Level Separation.”  Per AFI 36-3208, Airmen are in entry level status during the first 180 days of continuous active military service.  If the airman is in entry level status when initiating the separation action, describe it as an entry level separation unless 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.  In the applicant’s case, there was no documentation to support “unusual circumstances of personal conduct and performance of military duty,” and neither a recommendation for an honorable nor general characterization was processed.

A complete copy of the AFPC/DPFDD evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 May 16 and on 20 Oct 16 for review and comment within 30 days (Exhibits D and E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not exhausted all remedies provided by existing law or regulations.

2.  The applicant was timely filed.  

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  The applicant was advised by the AFBCMR staff there is an available avenue of administrative relief the applicant has not first pursued (AFDRB).  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting any of the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-03569 in Executive Session on 8 Dec 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03569 was considered:

	Exhibit A.  DD Form 149, dated 13 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 14 Jan 16.
	Exhibit D.  Letter, AFBCMR, dated 9 May 16.
	Exhibit E.  Letter, AFBCMR, dated 20 Oct 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.