RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01452 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His entry-level separation (ELS) with uncharacterized service be upgraded to an honorable or general discharge. APPLICANT CONTENDS THAT: He did not have any issues with his knee prior to entering active duty. He did not realize how his uncharacterized service characterization would affect his opportunities for training and advancement at his place of employment. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 23 Oct 06, the applicant commenced his enlistment in the Regular Air Force. On 23 Mar 07, the applicant’s commander notified him that he was recommending his discharge from the Air Force for Erroneous Enlistment. The specific reason for the discharge action was the applicant’s diagnosis of right knee pain (Osgood Schlatter) which was determined to have existed prior to him entering active service. The applicant acknowledged receipt of the action and waived his right to counsel and to submit a statement in his own behalf. On 27 Mar 07, the legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be furnished an entry-level separation. On 2 Apr 07, the discharge authority directed the applicant be furnished an entry-level separation with uncharacterized service. On 4 Apr 07, he was furnished an entry-level separation with uncharacterized service, and was credited with 5 months and 12 days of total active service. AIR FORCE EVALUATION: AETC/SGPS recommends approval noting while the applicant’s separation was carried out in accordance with established policy and administrative procedures, his medical condition has a tendency to be become asymptomatic over time with rest and no strenuous activity. Therefore, it appears his condition may have resolved based on him having completed annual fitness tests with his employer. A complete copy of the AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. Airmen are given an entry-level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined it would be unfair to the member or the service to characterize a member’s limited service when separation is initiated within the first 180 days of active service. The applicant’s service characterization, to include his separation code are correct and in accordance with the Department of Defense (DOD) policy. The documentation in the applicant’s master personnel records indicates the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant has not provided any evidence or identified any errors or injustices that occurred in the discharge processing to warrant changing his discharge, service characterization, or the narrative reason for separation. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Jan 15 for review and comment within 30 days (Exhibit D). 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 an injustice to warrant upgrading the applicant’s entry-level separation with uncharacterized service to honorable. While we note the AETC/SGPS recommendation to grant relief, we agree with the opinion and the recommendation of AFPC/DPSOR and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Based on the available evidence of record, it appears the applicant’s entry- level separation for erroneous entry was consistent with the procedural and substantive requirements of the governing instructions and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe his entry-level separation with uncharacterized service was improper or contrary to the provisions of the governing directive. Therefore, absent evidence the applicant was not afforded rights to which he was entitled, there was an abuse of discretionary authority, or appropriate standards were not applied, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2014-01452 in Executive Session on 24 Feb 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Apr 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AETC/SGPS, dated 13 Aug 14. Exhibit D. Memorandum, AFPC/DPSOR, dated 18 Nov 14. Exhibit E. Letter, SAF/MRBR, dated 6 Jan 15.