RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00834
INDEX NUMBER: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for his discharge be changed from “fraudulent entry”
to “erroneous entry.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letters prepared by the
appropriate offices of the Air Force at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant recommends the application be denied and
states, in part, that the applicant concealed his history of childhood
asthma on two occasions in order to gain entry into military service.
Fraudulent entry involves deliberate deception on the part of the member;
whereas, erroneous enlistment does not. The action and disposition in the
applicant’s case was proper and equitable reflecting compliance with Air
Force directives that implement the law.
The BCMR Medical Consultant’s evaluation is at Exhibit C.
AFPC/DPPRS recommends the application be denied and states, in part, that
they believe the discharge was consistent with procedural and substantive
requirements of the discharge regulation. In addition, the discharge was
within the sound discretion of the discharge authority. The applicant
provides no facts warranting a change in the narrative reason for his
separation and they concur with the BCMR Medical Consultant that no change
is warranted.
The AFPC/DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 31 May 2002 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that relief
should be granted. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. The offices of primary
responsibility have adequately addressed applicant’s contentions and we
agree with their opinions and adopt the rationale expressed as the basis
for our decision that the applicant has failed to sustain his burden that
he has suffered either an error or an injustice. Hence, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number 02-00834 in
Executive Session on 25 July 2002, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Billy C. Baxter, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Mar 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 8 May 02.
Exhibit D. Letter, AFPC/DPPRS, dated 24 May 02
Exhibit E. Letter, SAF/MRBR, dated 31 May 02.
RICHARD A. PETERSON
Panel Chair
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