RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02332 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His uncharacterized service be changed to honorable. 2. His reason for separation (Fraudulent Entry in Military Service) along with the corresponding Separation Program Designator (SPD) code of “JDA” be changed so that he can reenlist. ________________________________________________________________ APPLICANT CONTENDS THAT: His recruiter advised him to falsify some of the information on his enlistment documents. He was instructed that since he had not experienced his medical conditions for such a long time there was no reason to inform the Military Entrance Processing Station (MEPS) of his asthma, eczema, Attention Deficit Hyperactive Disorder (ADHD) and Acid Reflux. Also, since he was a military dependent, the Air Force had access to his medical records and should have reviewed them prior to his enlistment and for this reason he believes the system is flawed. He was not trying to defraud the government. He trusted and believed that his recruiter knew what he was doing, was leading him in the right direction, and had his best interest at heart. Prior to his separation, he had undergone a dental procedure (root canal) that was not completed; he was initially advised it would be taken care of prior to separation; then advised he would be able to have it completed after separation by the Department of Veterans Affairs; however, because of his separation and lack of service time he is not eligible for DVA benefits. In support of his appeal, the applicant provides a personal statement; copies of his letter to his Member of Congress; an interview by military officials; his medical provider subsequent to his separation, and a strength test from a United States Marine Corps (USMC) Recruiting station. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 30 Aug 10 for a period of six years. The applicant received an uncharacterized entry-level separation on 28 Oct 10, by reason of “Fraudulent Entry into Military Service,” and was issued an RE code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service). He was credited with 3 months and 22 days of inactive service based on his delayed enlistment. ________________________________________________________________ THE AIR FORCE EVALUATION: AETC/SGPS recommends approval, stating, in part, that based on the findings at the time of separation, the separation action was in accordance with established policy and administrative procedures. In addition, they noted that since he now appears to meet enlistment medical criteria for military duty, they can support his request and a change to his RE code. He failed to disclose his history of asthma requiring medication and his history of ADHD through the 8th grade. He also stated his recruiter told him not to include the history to the Chief Medical Officer (CMO) because it was so long ago. This history came to light when he was admitted to the base military treatment facility for a fever during basic training. He also states that he was told that he probably would not receive a favorable response if he requested a waiver to remain in basic training. Since SGPS did not review the case, the decision remains an unknown. He stated he understood the process and on 28 Oct 10 he was separated. The complete AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOS recommends denial of his request for upgrade of his discharge and a change to the narrative reason for separation, noting that the separation was done in accordance with established policy and administrative procedures. The applicant’s condition rendered him unsuitable to continue military service and they do not concur with a change to the record. The documentation on file in the master personnel records supports the basis for discharge and the applicant's entry level service characterization. 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 did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. He provided no facts warranting a change to his discharge. Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined that if a member served less than 180 days of continuous service, it would be unfair to the member and the service to characterize their limited service. Therefore, his uncharacterized service is correct and is in accordance with DoD and Air Force instructions. The complete AFPC/DPSOS evaluation is at Exhibit D. AFPC/DPSOA recommends denial of his request for a change his RE code, stating, the RE code of 2C is driven by his entry level separation with uncharacterized service. The RE code of 2C is required based on the entry level separation with uncharacterized service and the applicant does not provide any evidence of an error or injustice in reference to his RE code. On 11 Aug 2011, HQ AETC/SGPS validated the applicant's discharge processing, but state they support a change of the RE code to allow the applicant to reenter the military "since he now appears to meet enlistment medical criteria military duty.” However, the RE code 2C is not driven by a medical condition and HQ AETC/SG (medical community) does not have authority or any valid input as to the correctness of the RE code. DPSOA agrees that SGPS personnel are qualified to recommend the applicant be given an opportunity to be medically screened for reentry into military service based on his current medical status. They too would support his being given an opportunity to enlist based on their recommendation if he is otherwise eligible. However, a waiver of prior circumstances to include the RE code would be more appropriate than circumventing the screening and waiver process. The complete AFPC/DPSOA evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 2 Dec 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action to the applicant’s reentry and separation codes. In this respect, while we found no error in the discharge processing, we note that SGPS indicates that it appears the applicant now meets the enlistment medical criteria for military duty. In view if this, we believe it would be appropriate to change the applicant’s separation to Secretarial Authority and the RE code to 3K, respectively. The RE code of “3K,” is a code which can be waived to allow reenlistment provided he meets all other requirements for enlistment under an existing prior service program. Whether he is successful or not will depend on the needs of the service concerned and our recommendation in no way guarantees he will be successful in returning to any branch of the service. Therefore, we recommend his records be corrected as indicated below. 4. Notwithstanding the above, in regard to the applicant’s request to change his character of service, DPSOS has provided an adequate assessment of the applicant’s case and we are in agreement with their opinion and recommendation. In addition, only on a case by case basis, if a member is within 180 days of service, and it is clearly warranted by unusual circumstances of personal conduct and performance of military duty, can a member be given an honorable characterization of service. Therefore, we find no basis to favorably consider this portion of his application. 5. 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 28 October 2010, he was discharged under the provisions of AFI 36-3208, (Secretarial Authority), with a Separation Program Designator (SPD) code of “KFF” and a Reentry code of 3K. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02332 in Executive Session on 20 March 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 11 Aug 11. Exhibit D. Letter, AFPC/DPSOS, dated 20 Oct 11. Exhibit E. Letter, AFPC/DPSOA, dated 17 Nov 11. Exhibit F. Letter, SAF/MRBR, dated 2 Dec 11. Panel Chair