RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00439
INDEX CODE: 110.00, 112.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His narrative reason for separation (fraudulent entry into
military service), the corresponding separation code of JDA, and
his reentry (RE) code of 2C (involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service) be changed.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He feels the reason for separation is too harsh since he did not
know that his occasional headaches were a medical issue. He
told the doctor that he had headaches and all of a sudden, he
was scared and on the fast track to being discharged. He wanted
to stay but did everything he was told to do with no realization
of what was happening.
In support of his appeal, the applicant provides a statement; a
copy of his DD Form 214, Certificate of Release or Discharge
from Active Duty, issued in conjunction with his 17 Dec 09
discharge, and extracts from his military personnel and medical
records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 23 Nov 09 for
a period of six years in the grade of airman basic (E-1/AB).
The squadron commander initiated administrative discharge action
against the applicant, on 15 Dec 09, for fraudulent entry. The
reason for the proposed action was that a Chronological Record
of Medical Care, dated 11 Dec 09, indicated a diagnosis of
headache syndrome and it was determined the condition existed
prior to service. The diagnosis did not meet retention
standards for continued military service and it was not
disclosed on his DD Form 2807-1, Report of Medical History. The
commander recommended an entry level separation. On that same
date, applicant acknowledged receipt of the discharge
notification, waived his right to consult counsel and to submit
statements in his own behalf. The Assistant Staff Judge
Advocate found the case file legally sufficient to support
separation, subject to inclusion in the file of a report of
medical examination showing the applicant to be physically
qualified for separation. On 16 Dec 09, the discharge authority
approved the entry level separation.
The applicant received an uncharacterized entry-level separation
on 17 Dec 09, by reason of Fraudulent Entry into Military
Service, and was issued an RE code of 2C. He was credited with
8 months and 4 days of prior inactive service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AETC/SGPS recommends denial. They found that the separation
process was done in accordance with established policy and
administrative procedures. In addition, they do not support a
change in the RE code.
The complete AETC/SGPS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 30 Jul 10 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 error or injustice with respect to
the applicants request to have his RE code of 2C changed. We
note, at the time members separate from the Air Force, they are
furnished an RE code predicated upon the quality and the
circumstances of their separation. The applicants RE code of
2C accurately reflects his involuntary separation with
uncharacterized service. Therefore, after a thorough review of
the evidence of record, we believe that given the circumstances
surrounding the applicants separation, the RE code issued was
in accordance with the governing instruction. In view of the
above, we find no basis to recommend a change to his RE code.
4. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action in regard to the applicants narrative reason
for separation. As the record stands, the applicant was
separated for fraudulent enlistment, based on a diagnosis of
headache syndrome, which existed prior to service. In this
respect, the available evidence of record reflects the applicant
indicated on his medical documentation for enlistment that he
never had and did not currently have frequent or severe
headaches. Nonetheless, after reviewing the evidence of record
and the documentation submitted in the applicants behalf, we
believe that there is some doubt as to whether the applicant
intended to conceal his medical condition from Air Force
officials. Therefore, in light of the applicants age at that
time and his brief period of service, we believe that any doubt
should be resolved in his favor. Therefore, in view of the
above, we recommend the narrative reason be changed to
Secretarial Authority.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on
17 December 2009, he was discharged under the provisions of
AFI 36-3208, (Secretarial Authority), with a Separation Program
Designator (SPD) code of KFF.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-00439 in Executive Session on 21 September 2010,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 7 Jun 10.
Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10.
Panel Chair
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