RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01306 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His character of service be changed from uncharacterized to honorable in order to be eligible for Department of Veteran Affairs (DVA) education benefits. _________________________________________________________________ APPLICANT CONTENDS THAT: Since he was discharged, he has completed his Bachelor’s Degree in Economics, he is currently pursuing a Master’s Degree in Finance, and he intends on pursuing his Doctorate Degree. He invested money in the GI Bill; however, he has not been able to use it because of his uncharacterized discharge. Upgrading his discharge to honorable will greatly help him in furthering his education and in obtaining a career. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and college transcripts. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 15 October 2002, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1). On 24 March 2003, the commander notified the applicant that he was recommending him for discharge for Entry Level Performance and Conduct – for failure to adapt to the military environment. The applicant acknowledged receipt of the notification of discharge and waived his rights to consult counsel and to submit statements in his own behalf. On 28 March 2003, the Staff Judge Advocate found the case to be legally sufficient and recommended he be given an entry level separation without probation and rehabilitation. The discharge authority approved the recommendation and directed the applicant be discharged with an entry-level separation. On 10 April 2003, the applicant was released from active duty with an uncharacterized discharge and a narrative reason for separation of “Entry Level Performance and Conduct” under the provisions of Air Force Policy Directive 36-32 and Air Force Instruction 36-3208, paragraph 5.22. He served 5 months and 26 days on active duty. _________________________________________________________________ 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 process. It appears the applicant’s discharge was consistent with substantive requirements of the discharge regulation and no evidence has been presented to indicate otherwise. While we acknowledge the applicant’s desire to qualify for DVA benefits, we do not find this to be a sufficient basis to change his uncharacterized entry level discharge to an honorable discharge. Therefore, 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-2010-01306 in Executive Session on 19 January 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-01306: Exhibit A. DD Form 149, dated 22 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records.