Discharge upgrade question.

O

ozzyman81

Well-Known Member
Registered Member
Hello All. I am new here and would like someone to help me with my logic for the AFBCMR. I was a reserve member discharged in 2005 with a ELS after going through basic training and then being diagnosed with anxiety/ depression and other symptoms that were later diagnosed as multiple sclerosis. Here is the question:

My discharge order says I was relieved IAW AFI 36-3209 in Mar 2005 with a ELS. (They knew I was diagnosed with depression and anxiety but I was not offered IDES or anything really.)
I began basic training in July 2003 and completed it in Sep 2003. Went home due to split training option and while waiting on tech school I was started on medications.
In Dec 2003 I was given a profile 4 for the medication. No waiver was ever initiated for some reason. Over a year went by where I submitted docs from my PCP but nothing happened on the AF side.
Discharged over a year later with no communication. Literally got the order in the mail one day. Not even a phone call. My records say nothing about anything except the gap and then the order.

So, according to AFI 36-3209 - 3.16. Entry Level Performance and Conduct:
"For members of a Reserve component who have not completed 180 days of continuous active military service and who are not on active duty, entry-level status begins upon enlistment in a Reserve component." It goes on to state "Entry-level status ends 180 days after beginning an initial period of entry-level active duty training." and "A member may be separated under this section only when the separation or discharge processing starts while the member is in entry level status."

So... It would seem entry level status started upon enlistment and ended 180 days after starting basic training. So if I began basic in July 03 and was discharged in Mar 05 I should not have been in entry level status? I am aware of the 180 days of active duty that gets thrown around quite a bit, but I believe it is different for reserve members.

Opinions? Thanks!
 
ozzyman81 said:
Hello All. I am new here and would like someone to help me with my logic for the AFBCMR. I was a reserve member discharged in 2005 with a ELS after going through basic training and then being diagnosed with anxiety/ depression and other symptoms that were later diagnosed as multiple sclerosis. Here is the question:

My discharge order says I was relieved IAW AFI 36-3209 in Mar 2005 with a ELS. (They knew I was diagnosed with depression and anxiety but I was not offered IDES or anything really.)
I began basic training in July 2003 and completed it in Sep 2003. Went home due to split training option and while waiting on tech school I was started on medications.
In Dec 2003 I was given a profile 4 for the medication. No waiver was ever initiated for some reason. Over a year went by where I submitted docs from my PCP but nothing happened on the AF side.
Discharged over a year later with no communication. Literally got the order in the mail one day. Not even a phone call. My records say nothing about anything except the gap and then the order.

So, according to AFI 36-3209 - 3.16. Entry Level Performance and Conduct:
"For members of a Reserve component who have not completed 180 days of continuous active military service and who are not on active duty, entry-level status begins upon enlistment in a Reserve component." It goes on to state "Entry-level status ends 180 days after beginning an initial period of entry-level active duty training." and "A member may be separated under this section only when the separation or discharge processing starts while the member is in entry level status."

So... It would seem entry level status started upon enlistment and ended 180 days after starting basic training. So if I began basic in July 03 and was discharged in Mar 05 I should not have been in entry level status? I am aware of the 180 days of active duty that gets thrown around quite a bit, but I believe it is different for reserve members.

Opinions? Thanks!
Click to expand...
I don't think you have a case. Even if you did get diagnosed while still in there would need to be evidence that the condition made you unfit for duty. Also, the condition could be considered preexisting. There isn't an presumption that a condition was caused by service until you have been in 8 years. That 180 active days applies to Reservist too. I hate to be the bearor of bad news but I don't see a chance of getting a different result.
 
I think you have an uphill battle. I may have misinterpreted your post, but it doesn’t appear you reached 180 days of continuous AD.
 
I appreciate the responses. I should have been a little more specific. The whole retirement medical etc is a whole other battle. My short term goal is just to get my discharged changed from a ELS to honorable. My argument (I think) is that the regulation specifically states that for (reserve) members who have NOT (forgive the caps) completed 180 days of active service, entry level status ends 180 days (calendar days) after beginning basic training. If I am reading that regulation correctly (AFI 36-3209) I would not have been in entry level status when discharged. So I believe it would have to be labeled honorable.
 
chaplaincharlie said:
I think you have an uphill battle. I may have misinterpreted your post, but it doesn’t appear you reached 180 days of continuous AD.
Click to expand...
I appreciate the responses. I should have been a little more specific. The whole retirement medical etc is a whole other battle. My short term goal is just to get my discharged changed from a ELS to honorable. My argument (I think) is that the regulation specifically states that for (reserve) members who have NOT (forgive the caps) completed 180 days of active service, entry level status ends 180 days (calendar days) after beginning basic training. If I am reading that regulation correctly (AFI 36-3209) I would not have been in entry level status when discharged. So I believe it would have to be labeled honorable.
 
I wish you well.
 
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