RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04258 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. His entry level separation be changed. 2. His narrative reason for separation “Defective Enlistment Agreement” and corresponding separation code “KDS” be changed. 3. His reentry (RE) code of “4M” (Air Force Breach of Enlistment/Reenlistment Agreement) be changed to a code that would allow him to reenlist. 4. He be awarded the Basic Military Training Honor Graduate Ribbon and the Small Arms Expert Marksmanship Ribbon. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was discharged due to an injury received during training. He entered the Pararescue program under a guaranteed contract and should not have been discharged with ill marks or with no ability to reenter the service. He was told he could reenter the service. In support of the applicant’s appeal, he provides a personal statement and extracts from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 6 June 2006. On 25 October 2006, the applicant was discharged with an entry level separation under the provisions of AFI 36-3208 (Defective Enlistment Agreement). He served 4 months and 20 days on active duty. The remaining relevant facts pertaining to this application extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial to change the applicant’s entry level separation and narrative reason for separation with corresponding SPD code. DPSOR states the applicant was removed from training following an evaluation by Wilford Hall Medical Center (WHMC) which subsequently diagnosed him with an extremely stressed and stretched medial collateral ligament (MCL). Following the diagnosis, WHMC recommended the applicant be removed from training and discharged from the Air Force. Given the applicant’s medical profile he would not be able to complete the training for Pararescue. Since the applicant was a guaranteed enlistee who was unable to complete Pararescue Training he was entitled to exercise his right to separate from the Air Force. He was approved for discharge IAW a defective enlistment agreement per his request. The applicant was seen for a medical condition that was symptomatic and disqualifying for military service. The applicant’s service characterization is correct as reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Airmen are given entry level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service. The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service. The DPSOR complete evaluation is at Exhibit C. AFPC/DPSOA recommends denial to change the applicant’s RE code. DPSOA states the applicant was not medically discharged but he elected to separate rather than be reclassified in another career field. RE code 4M is the applicant’s correct RE code. If recruiting services of any branch feels the applicant is otherwise eligible they should approve a waiver of the RE code 4M rather than request another RE code. There is no evidence of an error or injustice. The DPSOA complete evaluation is at Exhibit D. AFPC/DPSID recommends denial of the Basic Military Training Honor Graduate Ribbon and Small Arms Expert Marksman Ribbon. DPSID states the United States Air Force Basic Military Training Honor Graduate Ribbon was authorized on 3 April 1976 to be awarded to honor graduates of basic military training who, after 29 July 1976, demonstrate excellence in all phases of academic and military training. The Small Arms Expert Marksmanship Ribbon is awarded to all United States Air Force Service members who after 1 January 1963, qualify as “expert” in small-arms marksmanship with either the M-16 rifle or issue handgun. Qualification as “expert” in both weapons after 22 June 1972 shall be denoted by a bronze service star worn on the service ribbon. DPSID was unable to locate official documentation verifying the applicant qualified as expert with either the M-16 rifle or issue handgun for award of the Small Arms Expert Marksmanship Ribbon. They were also unable to locate official documentation verifying the applicant was an honor graduate from basic training. The DPSID complete evaluation is at Exhibit E. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 May 2013, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days (Exhibit F). 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; 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. After a thorough review of the evidence of record, we believe that given the circumstances surrounding his separation from the Air Force, his entry level separation, narrative reason for separation, and the RE code assigned were proper and in compliance with the appropriate instructions. Further, in regard to award of the USAF Basic Military Training Honor Graduate Ribbon and Small Arms Expert Marksmanship Ribbon, we agree with AFPC/DPSID’s assessment and adopt its 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. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2012-04258 in Executive Session on 1 August 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 August 2012, w/atchs. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 25 February 2013. Exhibit D. Letter, AFPC/DPSOA, dated 20 March 2013. Exhibit E. Letter, AFPC/DPSID, dated 13 May 2013. Exhibit F. Letter, SAF/MRBR, dated 19 May 2013.