RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03692 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His reason for separation (Fraudulent Entry in Military Service) along with the corresponding Separation (SPD) code of “JDA” be changed to an “Erroneous Entry.” ________________________________________________________________ APPLICANT CONTENDS THAT: He was not aware that he was diagnosed with Nail Patella Syndrome at two years old and believes that his narrative reason for separation should be “erroneous.” In Mar 09, after being sworn into the Delayed Enlistment Program, he and his father immediately informed the recruiter; however, he was told that the Military Entrance Processing Station (MEPS) already knew what they needed to know and that he did not need to tell them that anything had changed. This makes his enlistment “erroneous” rather than “fraudulent.” He always had a desire to serve in the military since middle school and would like another opportunity to serve his country. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOR recommends denial, stating, in part, that 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 DPSOR evaluation is at Exhibit B. AETC/SG recommends denial on the applicant’s request for a change to the narrative reason for separation; however, since he does meet current medical criteria for waiver, they can support a change to his RE code. In the discussion of the case, SG notes, after separation, the applicant was seen by an orthopedic specialist and was cleared for all activities. He reported no symptoms, pain or other abnormalities associated with the condition and he would now like to return to active duty once he completes his nursing degree. The complete SG evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 14 Dec 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 error or injustice warranting corrective action to the applicant’s separation code. While we note the applicant’s argument that he was told by his recruiter not to bring his medical condition to the attention of the Military Entrance Processing Station (MEPS), he has not provided substantial evidence to support this contention. Moreover, in a statement made by the applicant on 23 Jul 09, he admits to not disclosing this information to MEPS officials because he was in a rush to ship out and stated that he took responsibility for his failure to disclose the information. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered from an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting this portion of his application. 4. Notwithstanding the above, while we note the applicant did not request a change to his reentry (RE) code of 2C, we believe some relief is warranted. In this respect, we note that AETC/SGPS states that since the applicant meets current medical criteria for a waiver, they would support a change to the RE code and we agree with their recommendation. Accordingly, we recommend his RE code be changed to “3K,” which is a code that can be waived to allow reenlistment provided he meets all other requirements for enlistment under an existing prior service program. Whether or not he is successful 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 record be corrected to the extent indicated below. 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 at the time of his discharge on 31 July 2009, his reentry code was “3K.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03692 in Executive Session on 9 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 Jul 12, w/atchs. Exhibit B. Letter, AFPC/DPSOR, dated 26 Sep 12. Exhibit C. Letter, AETC/SGPS, dated 13 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12. Panel Chair