RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00932 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be changed to reflect a different narrative reason for separation, a different separation code, and a different reentry (RE) code. _________________________________________________________________ APPLICANT CONTENDS THAT: She had forgotten about her medical problems prior to her enlistment, because she had not seen a doctor in over two years. In support of her appeal, the applicant provides a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty and a copy of her separation order. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 23 September 2008, the applicant enlisted in the Regular Air Force at the age of 27. She was progressively promoted to the grade of airman first class (E-3) effective and with a date of rank of 23 September 2008. On 28 September 2008, the applicant was put on medical hold and referred to the Behavioral Analysis Service (BAS) for evaluation after experiencing incidents of anxiety and panic while in Basic Military Training (BMT). During her evaluation, it was discovered that she had been diagnosed with anxiety disorder (not otherwise specified) in October 2007; however, her condition was not fully disclosed at the Military Entrance Processing Station (MEPS). On 8 October 2008, the applicant signed a statement indicating that she did not disclose her history of seizure disorder, migraines, or anxiety disorder, to MEPS or to her recruiter because she really wanted to join the Air Force to serve her country. On 10 October 2008, her commander notified the applicant that he was recommending her for discharge for fraudulent entry under the provisions of Air Force Instruction 36-3208, Administrative Separation of Airmen, Chapter 5, Section 5C, Defective Enlistments. Her commander indicated that had the Air Force known of her condition, it could have rendered her ineligible to enlist. The applicant acknowledged receipt of her commander’s intent and waived her rights to consult counsel and to submit statements in her own behalf. On 14 October 2008, the Assistant Staff Judge Advocate found the case to be legally sufficient and recommended she be discharged from service with an uncharacterized entry-level separation. On 15 October 2008, the discharge authority approved the recommended separation. On 16 October 2008, the applicant was discharged with an entry-level separation with an uncharacterized service characterization. Her DD Form 214 indicates her narrative reason for separation as “Fraudulent Entry into Military Service,” a separation code of “JDA,” and a reentry code of “2C” (entry-level separation without characterization of service). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denying the applicant’s requests to change her separation code or narrative reason for separation. DPSOS indicates the documentation on file in her master personnel records support the basis for discharge. The discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. DPSOS indicates that airmen are given entry-level separations/uncharacterized service characterization when a separation is initiated in the first 180 days of 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. Therefore, the applicant’s uncharacterized character of service is correct and in accordance with DoD and Air Force Instructions. DPSOS states the applicant did not provide any evidence or identify any errors or injustices that occurred in the discharge processing. While she contends that she forgot about her pre- service medical conditions, the statement she signed while in BMT indicates that she did not disclose her medical conditions because she really wanted to join the Air Force and serve her country. The applicant provides no facts warranting a change to her narrative reason for separation. The complete DPSOS evaluation is at Exhibit C. ARPC/DPSOA recommends denying the applicant’s request to change her reentry code. DPSOA indicates the reentry code “2C” is the only authorized code for members involuntarily separated with an entry-level separation, without characterization of service. The complete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 21 August 2009 for review and comment within 30 days (Exhibit E). 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that the applicant was improperly separated from active duty in 2008. The narrative reason for separation, separation code, and RE code which were issued at the time of the applicant’s separation accurately reflect the circumstances of her separation and we do not find it to be in error or unjust. In view of the above and absent persuasive evidence that the applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as our finding in this case. Accordingly, the applicant’s request is not favorably considered. _________________________________________________________________ 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 this application in Executive Session on 27 October 2009 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2009-00932: Exhibit A. DD Form 149, dated 14 Jan 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 24 Jun 09. Exhibit D. Letter, AFPC/DPSOA, dated 21 Jun 09. Exhibit E. Letter, SAF/MRBR, dated 21 Aug 09. Panel Chair