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AF | BCMR | CY2007 | BC-2006-03585
Original file (BC-2006-03585.doc) Auto-classification: Approved



                       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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