RECORD OF PROCEEDINGS
          AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS




 IN THE MATTER OF:     DOCKET NUMBER:  01-02275
            INDEX CODE:  110.00


            COUNSEL:  NONE


            HEARING DESIRED:  NO




 _________________________________________________________________


 APPLICANT REQUESTS THAT:


 His separation be changed to general, under  honorable  conditions,
 and his reenlistment eligibility (RE) code be  changed  so  he  may
 reenlist in the military.


 _________________________________________________________________


 APPLICANT CONTENDS THAT:


 He may not have mentioned everything about his probation but he did
 not lie about it either.  He was told that it would be  no  problem
 by someone who was supposed to know what  they  were  doing.   This
 situation is just as much the Air Force’s fault as it is  his.   He
 was told the day he was  discharged  that  he  was  ineligible  for
 reentry into the Air Force but that he could join another branch of
 service under the separation and reentry codes he  was  given.   He
 found out that he is not eligible for entry into any other branch.


 Applicant’s complete submission is attached at Exhibit A.


 _________________________________________________________________


 STATEMENT OF FACTS:


 On 15 May 01, the applicant  enlisted  in  the  Regular  Air  Force
 (RegAF) for a period of six years in the grade of airman basic.


 On 19 Jun 01, the applicant was notified  that  his  commander  was
 recommending  that  he  be  discharged  from  the  Air  Force   for
 fraudulent entry.  The reason for the commander’s actions was  that
 the applicant failed to disclose that he was on probation for a law
 violation (speeding).  Had the Air Force known of this history,  it
 could have rendered him ineligible to enlist.


 On 19 Jun 01, applicant waived his right  to  consult  counsel  and
 waived his right to submit statements.  The  case  file  was  found
 legally sufficient to support separation.


 On 28 Jun 01, the applicant was separated from the Air Force  under
 the provisions of AFI 36-3208, Administrative Separation of Airmen,
 (Fraudulent Entry into Military Service), with  an  uncharacterized
 entry level separation, an RE code of 2C  (Involuntarily  separated
 with an honorable discharge; or,  entry  level  separation  without
 characterization of service), and a Separation  Program  Designator
 (SPD) code JDA (Fraudulent Entry Into Military Service).  He served
 1 month and 14 days of total active service but received no  credit
 for this time due to his fraudulent entry.


 _________________________________________________________________


 AIR FORCE EVALUATION:


 AFPC/DPPRS reviewed this application and recommends  denial.   They
 state that 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  if  a  member  served  less  than  180  days  of
 continuous active service, it would be unfair to the member and the
 service to characterize  their  limited  service.   Therefore,  the
 applicant’s uncharacterized character of service is correct and  in
 accordance  with  DOD  and  Air  Force  instructions.    An   entry
 level/uncharacterized separation should not be viewed  as  negative
 and should not be confused with other types of  separation.   Based
 upon the documentation in the file, the  discharge  was  consistent
 with the procedural and substantive requirements of  the  discharge
 regulation at that time.  Additionally, the  discharge  was  within
 the sound discretion of the discharge authority.


 A complete  copy  of  the  Air  Force  evaluation  is  attached  at
 Exhibit C.


 _________________________________________________________________


 APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


 Applicant’s mother provided a  letter  on  her  son’s  behalf  (see
 Exhibit E.


 _________________________________________________________________


 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 probable error or injustice warranting  corrective
 action.  We found no evidence that  responsible  officials  applied
 inappropriate standards in  effecting  the  applicant’s  discharge,
 that pertinent regulations were violated or that the applicant  was
 not afforded all the rights  to  which  entitled  at  the  time  of
 discharge.  Nevertheless, after  careful  review  of  the  evidence
 provided, a majority of  the  Board  is  of  the  opinion  that  to
 continue to show the narrative reason for separation as “Fraudulent
 Entry Into Military Service” would be unduly  harsh  and  therefore
 would create an injustice to the applicant.  Therefore, a  majority
 of the Board recommends that his narrative reason for separation be
 changed  to  “Secretarial  Authority,”   with   the   corresponding
 separation code of “KFF.”  A majority of the Board also  recommends
 that the applicant’s reenlistment eligibility code be changed to RE-
 3K. This is  a  code  that  can  be  waived  for  prior  enlistment
 consideration,  provided  he  meets  all  other  requirements   for
 enlistment under an existing prior service program.  Whether or not
 he is selected for enlistment will be based on  the  needs  of  the
 service to which application is made.


 4.   Applicant’s  request  that  his  uncharacterized  entry  level
 separation be changed to general, under  honorable  conditions,  is
 duly noted.  However, airmen are considered to be in an entry level
 status during the first 180 days of  continuous  active  duty.   If
 discharge  action  is  initiated  during  this  time,  as  in   the
 applicant’s case, the separation is described  as  an  entry  level
 separation.  Based on the foregoing, and in the absence of evidence
 to the contrary, we find no basis upon which to recommend favorable
 action on  the  applicant’s  request  to  change  his  entry  level
 separation to a general, under honorable conditions, discharge.


 _________________________________________________________________


 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 June  2001,
 he received an entry level separation  by  reason  of  “Secretarial
 Authority,” with Separation  Program  Designator  Code  “KFF,”  and
 reenlistment eligibility (RE) code 3K.


 _________________________________________________________________


 The following members of the Board considered this  application  in
 Executive Session on 31 January 2002, under the provisions  of  AFI
 36-2603:


                  Mr. Edward H. Parker, Panel Chair
                  Ms. Martha Maust, Member
                  Mr. James W. Russell, III, Member


 A  majority  of  the  panel  voted  to  correct  the   records   as
 recommended.  Mr. Russell voted to deny  applicant’s  requests  but
 does  not  wish  to  submit  a  minority  report.   The   following
 documentary evidence was considered:


      Exhibit A.  DD Form 149, dated 21 Aug 01, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 18 Sep 01.
      Exhibit D.  Letter, AFBCMR, dated 5 Oct 01.
      Exhibit E.  Letter fr mother, dated 15 Jan 02, w/atch.








                                    EDWARD H. PARKER
                                    Panel Chair





 AFBCMR 01-02275








 MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation of  the  Air
 Force Board for  Correction  of  Military  Records  and  under  the
 authority of Section 1552, Title 10, United States Code  (70A  Stat
 116), it is directed that:


      The pertinent military records of the Department  of  the  Air
 Force relating to , be corrected to show that on 28 June  2001,  he
 received an  entry  level  separation  by  reason  of  “Secretarial
 Authority,” with Separation  Program  Designator  Code  “KFF,”  and
 reenlistment eligibility (RE) code 3K.














                                                           JOE    G.
 LINEBERGER
                                                         Director
                                                          Air  Force
 Review Boards Agency