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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