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AF | BCMR | CY2011 | BC-2010-01636
Original file (BC-2010-01636.doc) Auto-classification: Denied

                            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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