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AF | BCMR | CY2007 | BC-2007-00140
Original file (BC-2007-00140.doc) Auto-classification: Approved

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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