RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01636
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation “Fraudulent Entry into Military
Service” and, his Reenlistment (RE) code “2C” (involuntarily separated with
an honorable discharge, or entry level separation without characterization
of service) be changed to allow him to reenter military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He does not have asthma. He did not lie on his application. He is trying
to pursue a career in the military.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 Feb 02, the applicant contracted his enlistment in the Regular Air
Force.
On 27 Mar 02, the applicant’s commander notified him that he was
recommending his discharge from the Air Force for fraudulent entry. The
specific reason for the discharge action was he intentionally concealed a
prior medical condition (asthma), which if revealed, could have rendered
him ineligible to enlist in the Air Force.
His commander advised him of his rights in this matter. On 27 Mar 02, he
acknowledged receipt of the notification of discharge and, after consulting
with legal counsel, waived his right to submit a statement in his own
behalf.
The legal office reviewed the case and found it legally sufficient to
support separation and recommended separation with an entry level
separation.
On 3 Apr 02, the discharge authority directed discharge with an entry level
separation. He was discharged on 8 Apr 02.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS reviewed this application and recommends changing the applicant’s
RE code. SGPS notes the Department of Defense Instruction (DoDI)6130.3,
Medical Standards for Appointment, Enlistment, or Induction in the Military
Services, reflects asthma is not disqualifying for entry into military
service if an individual within three years prior to enlisting has had no
symptoms or treatment.
The complete AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOS reviewed this application and recommends denial. DPSOS states
airmen are given an entry level separation with uncharacterized service
characterization when separation is initiated with the first 180 days of
continuous active service. It was determined by the Department of Defense
(DOD) that if a member served less than 180 days of continuous active
service, it would be unfair to the member and the service to characterize
their limited service. In addition, the discharge was consistent with the
procedural and substantive requirements of the discharge instruction and
was within the discretion of the discharge authority. The applicant has
not submitted any evidence or identified any errors or injustices that
occurred in the discharge processing. He provided no fact to warrant a
change to his discharge.
The complete AFPC/DPSOS evaluation is at Exhibit D.
AFPC/DPSOA reviewed this application and recommends denial. DPSOA states
the RE code the applicant received is appropriate based on him being
separated with an entry level separation with uncharacterized service.
The complete AFPC/DPSOA evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to applicant on 23 Dec 10
for review and comment within 30 days. As of this date, no response has
been received by this office (Exhibit F).
_________________________________________________________________
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 an error or an injustice to warrant changing the applicant’s
narrative reason for separation and RE code. Although, AETC/SGPS
recommends changing the applicant’s RE code; we took notice of his complete
submission in judging the merits of the case; however, we agree with the
opinions and the recommendations of AFPC/DPSOS and AFPC/DPSOA and adopt
their rationale as the basis for our conclusion that the applicant has
failed to sustain his burden of proof of the existence of an error or
injustice. We found no evidence of error or injustice during the discharge
process. The discharge, to include the narrative reason for separation and
RE code, was consistent with the procedural and substantive requirements of
the governing instruction. 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 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-
01636 in Executive Session on 16 Feb 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Apr 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AETC/SGPS, dated 7 Jul 10.
Exhibit D. Letter, HQ AFPC/DPSOS, dated 5 Nov 10.
Exhibit E. Letter, HQ AFPC/DPSOA, dated 3 Dec 10.
Exhibit F. Letter, AFBCMR, dated 23 Dec 10.
Panel Chair
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