RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00932
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be changed to reflect a different narrative reason
for separation, a different separation code, and a different
reentry (RE) code.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She had forgotten about her medical problems prior to her
enlistment, because she had not seen a doctor in over two years.
In support of her appeal, the applicant provides a copy of her DD
Form 214, Certificate of Release or Discharge from Active Duty
and a copy of her separation order.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 September 2008, the applicant enlisted in the Regular Air
Force at the age of 27. She was progressively promoted to the
grade of airman first class (E-3) effective and with a date of
rank of 23 September 2008.
On 28 September 2008, the applicant was put on medical hold and
referred to the Behavioral Analysis Service (BAS) for evaluation
after experiencing incidents of anxiety and panic while in Basic
Military Training (BMT). During her evaluation, it was
discovered that she had been diagnosed with anxiety disorder (not
otherwise specified) in October 2007; however, her condition was
not fully disclosed at the Military Entrance Processing Station
(MEPS). On 8 October 2008, the applicant signed a statement
indicating that she did not disclose her history of seizure
disorder, migraines, or anxiety disorder, to MEPS or to her
recruiter because she really wanted to join the Air Force to
serve her country.
On 10 October 2008, her commander notified the applicant that he
was recommending her for discharge for fraudulent entry under the
provisions of Air Force Instruction 36-3208, Administrative
Separation of Airmen, Chapter 5, Section 5C, Defective
Enlistments. Her commander indicated that had the Air Force
known of her condition, it could have rendered her ineligible to
enlist. The applicant acknowledged receipt of her commanders
intent and waived her rights to consult counsel and to submit
statements in her own behalf. On 14 October 2008, the Assistant
Staff Judge Advocate found the case to be legally sufficient and
recommended she be discharged from service with an
uncharacterized entry-level separation. On 15 October 2008, the
discharge authority approved the recommended separation. On
16 October 2008, the applicant was discharged with an entry-level
separation with an uncharacterized service characterization. Her
DD Form 214 indicates her narrative reason for separation as
Fraudulent Entry into Military Service, a separation code of
JDA, and a reentry code of 2C (entry-level separation without
characterization of service).
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denying the applicants requests to change
her separation code or narrative reason for separation. DPSOS
indicates the documentation on file in her master personnel
records support the basis for discharge. The discharge was
consistent with the procedural and substantive requirements of
the discharge instruction and was within the discretion of the
discharge authority.
DPSOS indicates that airmen are given entry-level
separations/uncharacterized service characterization when a
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 continuous active service, it
would be unfair to the member and the service to characterize
their limited service. Therefore, the applicants
uncharacterized character of service is correct and in accordance
with DoD and Air Force Instructions.
DPSOS states the applicant did not provide any evidence or
identify any errors or injustices that occurred in the discharge
processing. While she contends that she forgot about her pre-
service medical conditions, the statement she signed while in BMT
indicates that she did not disclose her medical conditions
because she really wanted to join the Air Force and serve her
country. The applicant provides no facts warranting a change to
her narrative reason for separation.
The complete DPSOS evaluation is at Exhibit C.
ARPC/DPSOA recommends denying the applicants request to change
her reentry code. DPSOA indicates the reentry code 2C is the
only authorized code for members involuntarily separated with an
entry-level separation, without characterization of service.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 21 August 2009 for review and comment within 30 days
(Exhibit E). 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case and do not find that it supports a
determination that the applicant was improperly separated from
active duty in 2008. The narrative reason for separation,
separation code, and RE code which were issued at the time of the
applicants separation accurately reflect the circumstances of
her separation and we do not find it to be in error or unjust.
In view of the above and absent persuasive evidence that the
applicant was denied rights to which entitled, appropriate
regulations were not followed, or appropriate standards were not
applied, we agree with the opinion and recommendation of the Air
Force offices of primary responsibility and adopt their rationale
as our finding in this case. Accordingly, the applicants
request is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 27 October 2009 under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2009-00932:
Exhibit A. DD Form 149, dated 14 Jan 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 24 Jun 09.
Exhibit D. Letter, AFPC/DPSOA, dated 21 Jun 09.
Exhibit E. Letter, SAF/MRBR, dated 21 Aug 09.
Panel Chair
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