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AF | BCMR | CY2011 | BC-2010-02650
Original file (BC-2010-02650.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2010-02650

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for his separation  (Fraudulent  entry  into  Military
Service) be changed on his DD Form 214, Certificate of Release or Discharge
from Active Duty to allow him to reenter military service.

________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he entered active duty he did not have  a  mental  disorder.  He
was divorced from his wife before he entered basic military training  (BMT);
and this affected everything around him.  He was afraid to move on.  He  had
no one to talk to or rely on.  He did not feel he could complete  the  eight
weeks of training.

In support of his request,  the  applicant  provides  copies  of  documents
extracted from his military records.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on  20  Jan
09.

On  29  Jan  09,  the  applicant’s  commander  notified  him  that  he   was
recommending his discharge from the Air Force  for  fraudulent  entry.   The
specific reason for the action was the  applicant  failed  to  document  his
history of attempted suicide on  the  DD  Form  2807-1,  Report  of  Medical
History.

His commander advised the applicant of his rights to legal  counsel  and  to
submit statements in his own behalf;  and  on  29 Jan 09,  he  waived  these
rights.  He also acknowledged if discharged, he would  not  be  entitled  to
any disability retirement or severance pay.

On 30 Jan 09, the legal office reviewed the recommended discharge and found
it legally sufficient to support separation and recommended an entry  level
separation.

On 2 Feb 09, the discharge authority directed discharge with an entry level
separation.  He was discharged on 3 Feb 09.

On 16 Aug 10, AETC/SGPS requested the applicant provide  a  current  mental
health evaluation completed by a certified psychiatrist.  The applicant did
not respond.

_________________________________________________________________

AIR FORCE EVALUATION:


AETC/SGPS recommends denial and states, in part, the applicant’s  separation
was processed in accordance with the established policy  and  administrative
procedures.  They do not support  a  change  in  the  narrative  reason  for
separation, without a current mental health evaluation.

The complete AETC/SGPS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 Jan 11, a copy of the Air Force evaluation was forwarded to  applicant
for review and comment within 30 days.  To date, a  response  has  not  been
received.

_________________________________________________________________

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  warranting  a  change  in   the
applicant’s  narrative  reason  for  separation.   We  took  notice  of  his
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and the recommendation of the Air Force office  of  primary
responsibility and adopt its rationale as the basis for our  conclusion  the
applicant has failed to sustain his burden of proving the  existence  of  an
error or injustice.  We find no evidence of error or  injustice  during  the
discharge process.  The discharge,  to  include  the  narrative  reason  for
separation, 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  Docket  Number  BC-2010-02650
in Executive Session on 25 May 11, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 May 10, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS dated 14 Dec 10.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Jan 11.
    Exhibit E.  Letter, AFBCMR, dated 28 Mar 11.





                                 Panel Chair

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