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AF | BCMR | CY1998 | 9800746
Original file (9800746.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00746 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

11 '998 

Applicant  requests  that  the  fraudulent  entry  be  exonerated. 
Applicant's submission is at Exhibit A. 

The  appropriate Air  Force  office  evaluated  applicant's request 
and provided  an advisory opinion to the Board  recommending the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D), 
As of this date, no response has been received by this office. 
After  careful  consideration  of  applicant's  request  and  the 
available  evidence of  record, we  find  insufficient evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinions appear to be based  on 
the evidence of record and have not been rebutted by  applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mrs.  Barbara A.  Westgate, Mr.  Kenneth  L. 
Reinertson, and Ms. Ann L. Heidig considered this application on 
19 November 1998, in accordance with the provisions of Air Force 
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552. 

BARBARA A. WESTGA &-& 
/$d*Jf 

Panel Chair 

Exhibits: 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  AFBCMR Ltr Forwarding Advisory Opinion 

.

L

 

D E P A R T M E N T  O F  T H E  A I R   FORCE 

H E A D Q U A R T E R S   AIR  F O R C E   P E R S O N N E L  C E N T E R  

R A N D O L P H  AIR  F O R C E   B A S E  T E X A S  

AUG  2  1 1998 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPRS 

550 C Street West Ste 1 1  
Randolph AFB TX  78 150-47 13 

SUBJECT: Application for Correction of Military Record 

The applicant, while serving in the grade of airman basic, was separated from the Air Force 22 

Jan 98 under the provisions of AFI 36-3208 (Entry level SeparatiodFraudulent Entry into 
Military Service) with an uncharacterized discharge. He served 24 days total active service. 

Requested Action.  The applicant is requesting the fraudulent entry to be exonerated.  He states 

he feels he has performed all duties and responsibilities bestowed upon him and therefore he 
should receive compensation for the time served. 

Facts.  The applicant was notified by his commander on 15 Jan 98 that discharge action had 

been initiated against him for fraudulent entry into the Air Force.  The commander advised 
applicant that if his recommendation is approved, that his discharge would be described as entry 
level separation and that he would be ineligible for reenlistment in the Air Force.  The commander 
hrther advised him the action was being taken because he had failed to indicate on his Standard 
Form 93 that he had a history of mental health treatment.  Had the Air Force known of this 
history it could have rendered him ineligible to enlist.  He was advised he had a right to consult 
counsel and the right to submit statements in his own behalf.  Applicant waived his right to 
counsel and did not submit statements in his own behalf.  On 21 Jan 98, the discharge authority 
approved the Entry Level Separation for fraudulent enlistment.  Airmen are given entry level 
separatioduncharacterized service characterization when separation action is initiated against 
them in the first 180 days of continuous active service. 

Discussion.  This case has been reviewed for separation processing and there are no errors or 

irregularities causing an injustice to the applicant.  The discharge complies with directives in effect 
at the time of his discharge.  The records indicate member’s military service was reviewed and 
appropriate action was taken. 

Recommendation. Applicant did not identifjl any specific errors in the discharge processing nor 

provide facts which warrant the stated reason for his separation as fraudulent entry into military 
service be exonerated.  In addition, AFI 36-3208, para 5.19.5 states “Airmen discharged for 
fiaudulent entry do not receive credit for the service they performed.” Accordingly, we 
recommend applicant’s request be denied.  He has filed a timely request. 

Separations Branch 
Dir of Personnel Program Management 



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