RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03904
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 June 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for separation be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He disclosed his medical problems to his recruiter. He told him on
more than one occasion not to disclose this information to anyone, for
no one needed to know.
In support of the appeal, applicant submits a notarized personal
statement, a notarized statement of a witness, a copy of his DD Form
214, and a copy of his DD Form 293.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 15 February 2005 for a
period of six years.
On 22 June 2005, the applicant’s commander notified him that he was
recommending discharge from the Air Force for fraudulent entry. The
commander was recommending applicant receive an uncharacterized entry-
level separation based on the fact he intentionally concealed a prior
service medical condition, which if revealed, could have resulted in
rejection of his enlistment. Specifically, the applicant had a
history of Anaphylaxis (an unusual or exaggerated allergic reaction).
Applicant acknowledged receipt of the notification of discharge and
waived his rights to consult with military counsel and submit
statements in his own behalf.
The base legal office reviewed the case file and found it legally
sufficient to support discharge and recommended applicant be
discharged with an entry-level separation.
The discharge authority approved the separation and directed that
applicant be discharged for fraudulent entry with an uncharacterized
entry-level separation.
The applicant was separated from the Air Force on 29 June 2005 under
the provisions of AFI 36-3208, Administrative Separation of Airmen
(fraudulent entry into military service), with an uncharacterized
entry-level separation. Since his enlistment was considered
fraudulent, his total active service was non-creditable.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states, based on the documentation on file in the master
personnel records, the discharge was consistent with the procedural
and substantive requirements of the discharge regulation. The
discharge was also within the discretion of the discharge authority
and the narrative reason for separation is correct. Therefore, they
recommend denial of applicant’s request.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 20 January 2006, a copy of the Air Force evaluation was forwarded
to the applicant for review and response 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. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice in regards to applicant’s request for a
change in the reason for his separation. It appears that the
applicant informed his recruiter that he had a medical condition, a
history of Anaphylaxis (an unusual or exaggerated allergic reaction),
and was told on more than one occasion not to disclose this
information to anyone, for no one needed to know. However, in view of
the actions taken by the applicant prior to his enlistment, we do not
believe his failure to reveal his medical condition was fraudulent.
To the contrary, the applicant informed the Air Force that he had a
medical condition prior to his enlistment, but was told not to
disclose the information to anyone. As stated above, we find the
separation action taken against the applicant was appropriate;
however, the reason for his separation appears harsh based on the
evidence of record. Therefore, we believe the reason for his
separation should be changed to “Secretarial Authority”, with a
separation code of “KFF”. In view of the above findings, we recommend
his records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 29 June 2005, he
was discharged under the provisions of AFI 36-3208, Secretarial
Authority, and issued a Separation Program Designator of “KFF.”
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 9 March 2006, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Josephine L. Davis, Member
Mr. James A. Wolffe, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number BC-
2005-03904 was considered:
Exhibit A. DD Form 149, dated 18 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 11 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 20 Jan 06.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR BC-2005-03904
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 APPLICANT, be corrected to show that on 29 June
2005, he was discharged under the provisions of AFI 36-3208,
Secretarial Authority, and issued a Separation Program Designator of
“KFF.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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