RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02152
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C - Involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service and separation code of JDA
Fraudulent Entry Into Military Service be changed in order to
reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical disqualification was based on his medical history
prior to age 13. He does not believe that withholding medical
history should be the cause for his separation because he was
never diagnosed with Asthma. He did not have any symptoms after
age 12.
In support of his request, the applicant provides a personal
statement, DD Form 214, Certificate of Release or Discharge from
Active Duty and correspondence from his physician.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 21 July 2009.
The applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions
of AFPD 36-32 and AFI 36-3208, chapter 5, section 5C, and
paragraph 5.15. The specific reason was the applicant
intentionally concealed a prior service medical condition which
if revealed could have resulted in rejection of his enlistment.
The Air Force discovered he had Asthma. This medical condition
could have rendered him ineligible to enlist in the Air Force.
He was advised of his rights in this matter and elected not to
consult with counsel and waived his right to submit statements in
his own behalf. The discharge authority concurred with the
recommendation and directed an entry level separation. The
applicant was discharged on 25 August 2009.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/SGPS states at the time, the separation was done in
accordance with established policy and administrative procedures.
Due to the DoDI update, the asthma standards have changed, and
SGPS can support a change to his RE and separation codes.
The SGPS completion evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS states the documentation on
file in the master personnel records supports 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.
Airman are given entry level separation/uncharacterized service
characterization when separation is initiated in the first 180
days 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, his
uncharacterized character of service is correct and in accordance
with DoD and Air Force instructions.
The applicant did not submit any evidence or identify any errors
or injustices that occurred in the discharge processing.
However, the applicants narrative reason for separation was not
completed on his DD Form 214, which will be administratively
corrected to reflect Fraudulent Entry Into Military Service.
The DPSOS complete evaluation is at Exhibit D.
HQ AFPC/DPSOA recommends denial. DPSOA states the applicants RE
code is driven by his involuntary entry level separation with
uncharacterized character of service and is not affected by his
current medical status. DPSOA does not oppose to the medical
community making recommendations on reentry for prior service
personnel but strongly opposes them making a recommendation on
personnel codes not affected by a members medical condition.
Additionally, the deputy chief, physical standards branchs
recommendation should be considered by recruiting services in
whether or not to process a waiver for the applicants reentry
and not considered when validating the applicants RE code.
The DPSOA complete evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 November 2010, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within 30 days
(Exhibit F). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. While the
reentry and separation codes assigned to the applicant, at the
time, were technically correct and in accordance with the
applicable regulation, the Board believes it would be an
injustice for the applicant to continue to suffer its effects.
It is noted that HQ AETC/SGPS recommends changing the reentry and
separation codes, and the Board believes that the applicant
should be afforded the opportunity to apply for a waiver to
enlist in the armed services. Whether or not he is successful
will depend on the needs of the service and our recommendation in
no way guarantees that he will be allowed to return to the Air
Force or any branch of the service. Accordingly, we recommend
his records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 25 August
2009, he was separated under the provisions of AFI 36-3208,
paragraph 1.2 (Secretarial Authority) with a separation code of
JFF and a reentry (RE) code of 3K.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-02152 in Executive Session on 14 December 2010,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2010-02152 was considered:
Exhibit A. DD Form 149, dated 17 June 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 7 July 2010.
Exhibit D. Letter, AFPC/DPSOS, dated 17 September 2010.
Exhibit E. Letter, AFPC/DPSOA, dated 12 October 2010.
Exhibit F. Letter, SAF/MRBR, dated 5 November 2010.
Panel Chair
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