RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01226
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason of fraudulent entry into military service
be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes it is unjust because he served honorably in the Army
National Guard; Army Reserves, and Regular Army. The narrative
reason is negative and does not accurately capture his entire
military career. The evidence submitted in support of his appeal
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letters prepared by the appropriate offices of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS reviewed this application and recommends denial.
DPSOS states the applicant submitted a memorandum in which he
apologized and took full responsibility for his actions. In the
same memorandum, the applicant stated that if he had it to do all
over again, he would have reported his medical issues.
The DPSOS complete evaluation is at Exhibit C.
The BCMR Medical Consultant reviewed this application and
recommends denial. The Medical Consultant states the applicant
was fully aware of his pre-existing medical condition and was
being treated with a Continuous Positive Airway Pressure (CPAP)
device for Obstructive Sleep Apnea (OSA) at the time of
commissioning. The applicant did not disclose his medical
condition at the time of entry; however, had he disclosed his OSA
he more likely than not would have been disqualified for
commissioning. The Medical Consultant agrees that Fraudenlent
Entry carries a negative stigma; however, the applicants latest
narrative reason for separation can only be based upon his final
period of service. Therefore, the Medical Consultant is of the
opinion the applicant has not met the burden of proof or an error
or injustice that warrants a change in his narrative reason for
separation.
The BCMR Medical Consultants complete evaluation is at Exhibit
D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant
on 8 Dec 10 for review and response. As of this date, no
response has been received by this office (Exhibit E).
_________________________________________________________________
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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After careful
consideration of the applicant's request and the available
evidence of record, we find insufficient evidence of error or
injustice to warrant corrective action. The facts and opinions
stated in the advisory opinions appear to be based on the
evidence of record and have not been rebutted by the applicant.
Absent persuasive evidence the applicant was denied rights to
which entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2010-01226 in Executive Session on 19 Jan 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 27 Sep 10.
Exhibit D. Letter, BCMR Medical Consultant, dated 6 Dec 10.
Exhibit E. Letter, SAF/MRBR, dated 8 Dec 10.
Panel Chair
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