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AF | BCMR | CY2002 | 0200834
Original file (0200834.doc) Auto-classification: Denied

                            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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