RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00096
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
It appears that the applicant is requesting to change her
narrative reason for separation Fraudulent Entry Into Military
Service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her injury that developed during Basic Military Training (BMT)
was unforeseeable. She had no way of predicting and no way of
anticipating that her injury would develop and prevent her from
continuing with the Air Force. She had no intention to commit
fraud.
In support of her request, the applicant provides a personal
statement, medical documentation and documents extracted from her
military personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 November
2009.
On 3 December 2009, the applicant was notified by her commander
of his intent to recommend that she be discharged from the Air
Force under the provisions of AFPD 36-32 and AFI 36-3208, chapter
5, section 5C, paragraph 5.15. The specific reason for this
action was the applicant intentionally concealed a prior service
medical condition, which if revealed could have resulted in
rejection of her enlistment. The Air Force discovered the
applicant had back pain.
She was advised of her rights in this matter and acknowledged
receipt of the notification on that same date. She waived her
right to legal counsel and elected not to submit statements on
her own behalf.
In a legal review of the case file, the assistant staff judge
advocate found the case legally sufficient and recommended
separation.
On 4 December 2009, the discharge authority concurred with the
recommendations and directed an uncharacterized entry level
separation.
The applicant was discharged on 7 December 2009. She was
credited with 2 months and 7 days of prior inactive service.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS states an entry level separation was appropriate due to
her condition, but defers to comment on the appropriateness of
her entry level separation classification fraudulent versus
erroneous. SGPS further states there is a statement by the
applicant that she did not reveal her prior injury to the
Military Entrance Processing Station (MEPS) Chief Medical Officer
(CMO) because her recruiter told her it was minor and she felt
the injury would not recur. The applicant does not contest that
her physical condition prevented her ability to complete basic
training. She consented to separation action and did not pursue
a waiver despite that opportunity.
The SGPS complete evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS 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 and was within the
discretion of the discharge authority.
The applicants service characterization is correct as reflected
on her DD Form 214, Certificate of Release or Discharge from
Active Duty. Airmen are given entry level
separation/uncharacterized service 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 continuous active service, it would be unfair to
the member and the service to characterize their limited service.
Therefore, the uncharacterized service which resulted in the
reentry (RE) code of 2C (Involuntarily separated with an
honorable discharge; or entry-level separation without
characterization of service) on her DD Form 214 is correct and in
accordance with DoD and Air Force instructions.
The DPSOS complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 August 2010, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within 30 days
(Exhibit D). 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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force offices of primary responsibility
and adopt their rationale as the basis for our conclusion the
applicant has failed to sustain her burden of proof of the
existence of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-00096 in Executive Session on 9 September 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00096 was considered:
Exhibit A. DD Form 149, dated 8 January 2010, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 13 April 2010.
Exhibit D. Letter, AFPC/DPSOS, dated 30 July 2010.
Exhibit E. Letter, SAF/MRBR, dated 13 August 2010.
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