RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02958 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His character of service be changed from uncharacterized. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was mistreated before and during his active duty service; his case was mishandled and he should be eligible to apply for reentry into the Air Force and the military. 2. In 1997, he tried to correct his eligibility but has received the run around. The applicant did not provide any documentation in support of his request. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 3 April 1997, the applicant enlisted in the Regular Air Force. On 8 May 1997, the applicant received an Article 15 for violation of Article 128 (assault on a noncommissioned officer), Uniform Code of Military Justice (UCMJ). He received a forfeiture of $416 per month for two months. On 19 May 1997, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force under the provisions of AFPD 36-32, Air Force Military Training and AFI 36-3208, Administrative Separation of Airmen, chapter 5, section h, paragraph 5.52.3, Misconduct: Other Serious Offenses. The applicant acknowledged receipt of the notification of discharge, consulted counsel and elected to waive his right to submit a statement on his own behalf. The Assistant Staff Judge Advocate recommended to the Training Group Commander that the applicant be discharged and issued an entry level separation. On 21 May 1997, the discharge authority recommended approval of his discharge. On 22 May 1997, the applicant was discharged from the Air Force with an entry level separation, with an uncharacterized character of service in the grade of airman basic. He served 1 month and 20 days of total active service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial. DPSOS states airman are given entry-level separation and uncharacterized service characterization when separations are 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, his uncharacterized character of service is correct and in accordance with (IAW) DoD and Air Force instructions. The applicant’s discharge to include the characterization was consistent with the procedural and substantive requirements of AFI 36-2608 and was within the discretion of the discharge authority. The complete DPSOS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 March 2011, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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. After reviewing the applicant’s submission and evidence of record, we are not persuaded that the actions taken to affect his discharge and the characterization of his service were improper or contrary to the provisions of the governing instructions in effect at the time, or based on factors other than his own behavior and inability to comply with standards. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. 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-2010-02958 in Executive Session on 21 June 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 August 2010. Exhibit B. Applicant's Master Personnel Records. Exhibit C. HQ AFPC/DPSOS, Letter, dated 15 February 2011. Exhibit D. SAF/MRBR, Letter, dated 25 March 2011, w/atch.