RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03585
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 May 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not intentionally try to deceive the military. He was under
the impression that his shoulder condition was not an issue.
In support of the appeal, applicant submits a copy of his discharge
package and a copy of his medical records.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 August 2006 for
a period of six years. On 28 September 2006, the applicant was
notified by his commander that he was recommending he be discharged
from the Air Force for fraudulent entry, which if revealed could have
resulted in rejection of his enlistment. The basis for the action was
that he intentionally concealed a prior service medical condition.
The applicant acknowledged receipt of the notification of discharge
and waived his rights to consult with legal counsel and submit
statements. The base legal office reviewed the case and found it
legally sufficient to support separation and recommended applicant be
separated with an entry-level separation. The discharge authority
approved the discharge and directed an entry-level separation. On 5
October 2006, he was discharged with an uncharacterized entry-level
separation, under the provisions of AFI 36-3208, Administrative
Separation of Airmen (Fraudulent entry into military service).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and was within the discretion of the discharge
authority. The applicant did not submit any evidence or identify any
errors in his discharge processing. He provided no facts warranting a
change to his narrative reason for separation.
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 determined if a
member served less than 180 days continuous active service, it would
be unfair to the member and the service to characterize their limited
service. Therefore, his uncharacterized character of service is
correct and in accordance with Department of Defense 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.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
January 2007 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 the applicant
informed his recruiter that he had a medical condition, left shoulder
dislocation, and was told not to worry about it. However, in view of
the actions taken by the applicant prior to his enlistment, we do not
believe he intentionally tried to deceive the military. To the
contrary, the applicant informed the Air Force that he had a medical
condition prior to his enlistment, but was told not to worry about it.
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 DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 5 October 2006, 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 15 February 2007, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Ms. Dee R. Reardon, Member
Mr. Jeffrey R. Shelton, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 30 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 5 Jan 07.
JAMES W. RUSSELL III
Panel Chair
AFBCMR BC-2006-03585
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 JOSE M. PUIG FRIAS, 117-76-1149, be corrected to
show that on 5 October 2006, 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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