SECOND
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2010-00096
COUNSEL:
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
1. Her reentry (RE) code of 2C (Involuntarily separated with
an honorable discharge; or entry level separation without
characterization of service) be changed to RE code 1M
(Eligible to reenlist, second-term or career airmen not yet
considered under the SRP) that would allow her to reenlist.
2. Her narrative reason for separation Fraudulent Entry Into
Military Service along with the corresponding separation code
JDA be changed to Secretarial Authority.
________________________________________________________________
_
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on
9 September 2010 and reconsidered on 19 July 2011. For an
accounting of the facts and circumstances surrounding the
applicants appeal and the rationale of the earlier decision by
the Board, see the Addendum to Record of Proceedings (ROP), with
attachments, at Exhibit F and K respectively.
In an application submitted by the applicant dated 2 January
2013, she requests reconsideration of her case. She states at
the age of 17 she met with a recruiter and advised him that at
the age of 14 she developed a muscle spasm and visited a
chiropractor. Based on what the recruiter told her she marked
no to any back issues on the Report of Medical History. On
25 November 2009, while in basic training she experienced a
muscle spasm and requested to go to sick call. During the
evaluation she mentioned that a few years ago she had a muscle
spasm. On 1 December 2009, the applicant was asked to write a
sworn statement without being advised of her rights. She was
not advised of the ramifications of a fraudulent enlistment and
not given an opportunity to appeal. She never intended to
defraud the United States Air Force. Her willingness to speak
to her physician is proof of her lack of intent to defraud. Her
due process rights were violated.
Since leaving the Air Force she has taken an active part in
continuing her education. She is attending the Northern
Virginia Community College to obtain a degree in liberal arts
with the goal of attaining a degree in political
science/communication in the future.
In support of the applicants appeal, she provides a personal
statement, a statement from her father, character reference
letters, copies of her military personnel records, and other
documentation.
The applicants complete submission, with attachments, is at
Exhibit L.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. In an earlier finding, the Board determined there was
insufficient evidence to warrant any corrective action regarding
the applicants reentry code. After thoroughly reviewing the
additional documentation submitted in support of this appeal and
the evidence of record, we do not believe the applicant has
overcome the rationale expressed in the previous decision.
Therefore, we do not find the additional evidence presented is
sufficient to warrant the relief sought on that basis. In the
absence of evidence to the contrary, we find no basis upon which
to recommend favorable consideration of the applicants request.
2. Notwithstanding the above, we believe that the applicants
narrative reason for separation Fraudulent Entry Into Military
Service with the corresponding separation code should be
changed as a matter of an injustice. After a thorough review of
the evidence of record and the applicants complete submission,
we find there was no deliberate deception on the part of the
applicant upon her entry into the Air Force. Therefore, we find
the narrative reason for discharge, Fraudulent Entry into
Military Service, to be excessively harsh and not representative
of the facts. Accordingly, we recommend her records be
corrected to the extent indicated below.
3. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 7
December 2009, she was discharged under the provisions of AFI
36-3208, paragraph 1.2, (Secretarial Authority) with a
Separation Program Designator code of JFF.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2010-00096 in Executive Session on 18 June 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00096 was considered:
Exhibit K. Addendum To Record of Proceedings, dated
20 July 2010, w/atchs.
Exhibit L. DD Form 149, dated 2 January 2013, w/atchs.
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