RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03902 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His uncharacterized discharge be changed to reflect honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He believes the record is unjust. His record reflects his service as honorable. His separation code is 2C which makes his discharge honorable. When he was removed from training for physical therapy, he did his job as expected and would work 12 hour shifts if needed. He requests his service be characterized as honorable to have an opportunity to find a good job. Most employers will accept nothing less than an honorable discharge. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 6 July 2010. On 2 December 2010, he was notified of his commander’s intent to discharge him from the Air Force after being diagnosed with low back pain, a condition that existed prior to his service. He acknowledged receipt of the notification, consulted counsel and waived his right to submit matters. The staff judge advocate found the discharge legally sufficient. On 10 December 2010, the separation authority approved the discharge and directed he be separated with an entry level separation for erroneous enlistment. His service was uncharacterized. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. AFI 36-3208, Administrative Separation of Airmen, notes airmen are subject to discharge for erroneous enlistment if the enlistment would not have occurred had the relevant facts been known by the Air Force; if the eligibility criteria of AFI 36-2002 had been followed; if the enlistment was not the result of fraudulent conduct on the part of the member and if the defect is unchanged in any material respect. The applicant should not have been allowed to join the Air Force because of his low back pain. Had the Air Force known of this condition at the time of his enlistment, he would not have been allowed entry into the military. Airmen are given entry level separations and their service uncharacterized when separation is initiated within the first 180 days of continuous active service. The Department of Defense (DoD) determined it would be unfair to characterize the service of members who have less than 180 continuous days. Therefore, the uncharacterized service is correct and in accordance with DoD and Air Force instructions. Based on the documentation in the master personnel record, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The complete DPSOR 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 30 October 2012, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 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 are not persuaded by the evidence submitted in his appeal that a change in his discharge characterization is warranted. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility, and adopt is rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. 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-2012-03902 in Executive Session on 4 April 2013 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 17 Oct 12. Exhibit D. Letter, SAF/MRBR, dated 30 Oct 12.