RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00140
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 22 JULY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation (Fraudulent Entry into Military
Service) be removed from his DD 214.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He does not believe his discharge was unjust or in error. He wants a
career in law enforcement. He has matured and would like to move on but
the narrative reason is hindering his employment. His life is back on
track and he has a job offer as a federal police officer if he can get his
DD 214 amended. He finished an emergency medical technician course with a
96 percent and held a steady job for an ambulance company. He was able to
buy a house for his wife and children and provides a happy lifestyle for
them. He is in good physical shape and has recovered from his old injury.
In support of the application, the applicant submits his personal
statement, a copy of his verification of military service from the VA, and
a copy of his DD 214.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was an Air Force reservist who served on active duty from 19
Jan 00 to 23 Feb 00.
During a medical examination on 7 Feb 00, he was diagnosed with Thoracic
Back pain – existing prior to entry. On 17 Feb 00, he was notified by his
Training Reserve commander that he was being recommended for discharge from
the Air Force for fraudulent entry. The reason for the applicant’s
discharge was that he intentionally concealed a prior service medical
condition, which if revealed, could have resulted in rejection of his
enlistment. The applicant was discharged on 23 Feb 00 for “Fraudulent
Entry into Military Service.” He had served 1 month and 17 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. 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 within the discretion of the discharge authority, and the
applicant did not submit any evidence or identify any errors or injustices
that occurred in the discharge processing. DPPRS asserts 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 (DoD) determined if a member served less than
180 days of continuous service, it would be unfair to the member and the
service to characterize their limited service. DPPRS states the
applicant’s uncharacterized character of service is correct and in
accordance with DoD and Air Force Instructions.
The complete DPPRS 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 23 Feb
07 for review and comment within 30 days. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. We have thoroughly reviewed the circumstances surrounding the
applicant's discharge and find no impropriety in the narrative reason for
his discharge. Considered alone, we conclude the discharge proceedings
were proper and the indicated narrative reason was appropriate to the
existing circumstances. Consideration of this Board, however, is not
limited to the events which precipitated the discharge. Further, we may
base our decision on matters of equity and clemency rather than simply on
whether rules and regulations which existed at the time were followed.
Under our broader mandate and after careful consideration of all the facts
and circumstances of applicant's case, we are persuaded that corrective
action is appropriate as a matter of equity and on the basis of clemency.
We therefore conclude that the narrative reason for discharge should be
changed to “Secretarial Authority,” with a separation code of “KFF.”
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 23 February 2000, he was
separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial
Authority) with a separation code of “KFF.”
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 2 May 2007, under the provisions of AFI 36-2603:
Mr. James W. Russell, III, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Clarence R. Anderegg, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 9 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 25 Jan 07.
Exhibit D. Letter, SAF/MRBR, dated 23 Feb 07.
JAMES W. RUSSELL, III
Panel Chair
AFBCMR BC-2007-00140
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 23 February 2000, he
was separated under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a separation code of “KFF.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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