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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