RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00574

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Her “Uncharacterized” Entry Level Separation (ELS) be upgraded to an honorable discharge.

APPLICANT’S CONTENTIONS

Prior to entry into the Air Force, all medical evidence was given to the recruiter and the personnel at the Military Entrance Processing Station (MEPS) to show her right knee was completely healed and she was fit for duty.  During Basic Military Training (BMT), a documented knee injury occurred during training where she tripped and fell on her right knee.  The injury she received during BMT was the actual reason for her discharge, not her prior knee injury.  She was able to complete all basic training tasks prior to the injury suffered during training.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic (E-1).

On 13 Jul 99, the applicant’s commander recommended the applicant receive an ELS from the Air Force, under the provisions of AFI 36-3208, Administrative Separation of Airmen, paragraph 5.14 for an erroneous enlistment due to the 6 Jul 99 medical narrative summary that found she did not meet the minimum medical standards to enlist due to her medical condition of knee pain, status post arthroscopy, which was found to have existed prior to service (EPTS).

On 14 Jul 99, the discharge authority directed the applicant be discharged for erroneous enlistment, with an uncharacterized service characterization.

On 16 Jul 99, the applicant received an uncharacterized ELS.  Her narrative reason for separation is “Failed Medical/Physical Procurement Standards” and she was credited with 1 month and 15 days of total active service. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 Jun 17, paragraph 1.18, the types of service characterization are as follows: 

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

Under Other than Honorable Conditions.  When basing the reason for separation on a pattern of behavior or one or more acts or omissions that constitute a significant departure from the conduct expected of airmen.  The member must have an opportunity for a hearing by an administrative discharge board or request discharge in lieu of trial by court-martial.  

Entry Level Separation.  Airmen are in entry level status during the first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days of active service.  Determine the member's status by the date of notification; thus, if the member is in entry level status when initiating the separation action, describe it as an entry level separation unless: 

•	A service characterization of under other than honorable conditions is authorized under the reason for discharge and is warranted by the circumstances of the case; or 

•	The Secretary of the Air Force determines, on a case-by-case basis, that characterization as honorable is clearly warranted by unusual circumstances of personal conduct and performance of military duty.

AIR FORCE EVALUATION

AFPC/DP2STM recommends denying the application.  In accordance with AFI 36-3208, paragraph 1.19, airmen are given entry level separation with uncharacterized service when they fail to complete a minimum of 180 days of continuous active military service.  The applicant only served 1 month of active service, therefore, the type of separation and character of service are correct as indicated.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 7 Dec 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.    Airmen are given entry level separation with uncharacterized service when they fail to complete a minimum of 180 days of continuous active military service and the applicant only served 1 month and 15 days of active service, therefore, the type of separation and character of service are correct as indicated on her DD Form 214.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2021-00574 in Executive Session on 26 Jan 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:
Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2STM, dated 12 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Dec 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.