SECOND
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	
		DOCKET NUMBER:  BC-2010-00096
		COUNSEL: 
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  Her reentry (RE) code of “2C” (Involuntarily separated with 
an honorable discharge; or entry level separation without 
characterization of service) be changed to RE code “1M” 
(Eligible to reenlist, second-term or career airmen not yet 
considered under the SRP) that would allow her to reenlist.

2.  Her narrative reason for separation “Fraudulent Entry Into 
Military Service” along with the corresponding separation code 
JDA be changed to Secretarial Authority.

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STATEMENT OF FACTS:

A similar appeal was considered and denied by the Board on 
9 September 2010 and reconsidered on 19 July 2011.  For an 
accounting of the facts and circumstances surrounding the 
applicant’s appeal and the rationale of the earlier decision by 
the Board, see the Addendum to Record of Proceedings (ROP), with 
attachments, at Exhibit F and K respectively.  

In an application submitted by the applicant dated 2 January 
2013, she requests reconsideration of her case.  She states at 
the age of 17 she met with a recruiter and advised him that at 
the age of 14 she developed a muscle spasm and visited a 
chiropractor.  Based on what the recruiter told her she marked 
no to any back issues on the Report of Medical History.  On 
25 November 2009, while in basic training she experienced a 
muscle spasm and requested to go to sick call.  During the 
evaluation she mentioned that a few years ago she had a muscle 
spasm.  On 1 December 2009, the applicant was asked to write a 
sworn statement without being advised of her rights.  She was 
not advised of the ramifications of a fraudulent enlistment and 
not given an opportunity to appeal.  She never intended to 
defraud the United States Air Force.  Her willingness to speak 
to her physician is proof of her lack of intent to defraud.  Her 
due process rights were violated.

Since leaving the Air Force she has taken an active part in 
continuing her education.  She is attending the Northern 
Virginia Community College to obtain a degree in liberal arts 
with the goal of attaining a degree in political 
science/communication in the future.

In support of the applicant’s appeal, she provides a personal 
statement, a statement from her father, character reference 
letters, copies of her military personnel records, and other 
documentation.

The applicant’s complete submission, with attachments, is at 
Exhibit L.

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THE BOARD CONCLUDES THAT:

1.  In an earlier finding, the Board determined there was 
insufficient evidence to warrant any corrective action regarding 
the applicant’s reentry code.  After thoroughly reviewing the 
additional documentation submitted in support of this appeal and 
the evidence of record, we do not believe the applicant has 
overcome the rationale expressed in the previous decision.  
Therefore, we do not find the additional evidence presented is 
sufficient to warrant the relief sought on that basis.  In the 
absence of evidence to the contrary, we find no basis upon which 
to recommend favorable consideration of the applicant’s request.

2.  Notwithstanding the above, we believe that the applicant’s 
narrative reason for separation “Fraudulent Entry Into Military 
Service” with the corresponding separation code should be 
changed as a matter of an injustice.  After a thorough review of 
the evidence of record and the applicant’s complete submission, 
we find there was no deliberate deception on the part of the 
applicant upon her entry into the Air Force. Therefore, we find 
the narrative reason for discharge, Fraudulent Entry into 
Military Service, to be excessively harsh and not representative 
of the facts.  Accordingly, we recommend her records be 
corrected to the extent indicated below.

3.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 7 
December 2009, she was discharged under the provisions of AFI 
36-3208, paragraph 1.2, (Secretarial Authority) with a 
Separation Program Designator code of JFF.

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_

The following members of the Board considered AFBCMR Docket 
Number BC-2010-00096 in Executive Session on 18 June 2013, under 
the provisions of AFI 36-2603:


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-00096 was considered:

   Exhibit K.  Addendum To Record of Proceedings, dated 
               20 July 2010, w/atchs.
   Exhibit L.  DD Form 149, dated 2 January 2013, w/atchs.





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