RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02332
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His uncharacterized service be changed to honorable.
2. His reason for separation (Fraudulent Entry in Military
Service) along with the corresponding Separation Program
Designator (SPD) code of JDA be changed so that he can
reenlist.
________________________________________________________________
APPLICANT CONTENDS THAT:
His recruiter advised him to falsify some of the information on
his enlistment documents. He was instructed that since he had
not experienced his medical conditions for such a long time
there was no reason to inform the Military Entrance Processing
Station (MEPS) of his asthma, eczema, Attention Deficit
Hyperactive Disorder (ADHD) and Acid Reflux.
Also, since he was a military dependent, the Air Force had
access to his medical records and should have reviewed them
prior to his enlistment and for this reason he believes the
system is flawed.
He was not trying to defraud the government. He trusted and
believed that his recruiter knew what he was doing, was leading
him in the right direction, and had his best interest at heart.
Prior to his separation, he had undergone a dental procedure
(root canal) that was not completed; he was initially advised it
would be taken care of prior to separation; then advised he
would be able to have it completed after separation by the
Department of Veterans Affairs; however, because of his
separation and lack of service time he is not eligible for DVA
benefits.
In support of his appeal, the applicant provides a personal
statement; copies of his letter to his Member of Congress; an
interview by military officials; his medical provider subsequent
to his separation, and a strength test from a United States
Marine Corps (USMC) Recruiting station.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 Aug 10 for
a period of six years.
The applicant received an uncharacterized entry-level separation
on 28 Oct 10, by reason of Fraudulent Entry into Military
Service, and was issued an RE code of 2C (Involuntarily
separated with an honorable discharge; or entry level separation
without characterization of service). He was credited with
3 months and 22 days of inactive service based on his delayed
enlistment.
________________________________________________________________
THE AIR FORCE EVALUATION:
AETC/SGPS recommends approval, stating, in part, that based on
the findings at the time of separation, the separation action
was in accordance with established policy and administrative
procedures. In addition, they noted that since he now appears
to meet enlistment medical criteria for military duty, they can
support his request and a change to his RE code.
He failed to disclose his history of asthma requiring medication
and his history of ADHD through the 8th grade. He also stated
his recruiter told him not to include the history to the Chief
Medical Officer (CMO) because it was so long ago. This history
came to light when he was admitted to the base military
treatment facility for a fever during basic training. He also
states that he was told that he probably would not receive a
favorable response if he requested a waiver to remain in basic
training. Since SGPS did not review the case, the decision
remains an unknown. He stated he understood the process and on
28 Oct 10 he was separated.
The complete AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOS recommends denial of his request for upgrade of his
discharge and a change to the narrative reason for separation,
noting that the separation was done in accordance with
established policy and administrative procedures. The
applicants condition rendered him unsuitable to continue
military service and they do not concur with a change to the
record.
The documentation on file in the master personnel records
supports the basis for discharge and the applicant's entry level
service characterization. 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 did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing. He provided no facts warranting a change to his
discharge.
Airmen are given entry-level separation/uncharacterized service
characterization when separation is initiated in the first
180 days of continuous active service. The Department of
Defense (DoD) determined that if a member served less than
180 days of continuous service, it would be unfair to the member
and the service to characterize their limited service.
Therefore, his uncharacterized service is correct and is in
accordance with DoD and Air Force instructions.
The complete AFPC/DPSOS evaluation is at Exhibit D.
AFPC/DPSOA recommends denial of his request for a change his RE
code, stating, the RE code of 2C is driven by his entry level
separation with uncharacterized service.
The RE code of 2C is required based on the entry level
separation with uncharacterized service and the applicant does
not provide any evidence of an error or injustice in reference
to his RE code. On 11 Aug 2011, HQ AETC/SGPS validated the
applicant's discharge processing, but state they support a
change of the RE code to allow the applicant to reenter the
military "since he now appears to meet enlistment medical
criteria military duty. However, the RE code 2C is not driven
by a medical condition and HQ AETC/SG (medical community) does
not have authority or any valid input as to the correctness of
the RE code. DPSOA agrees that SGPS personnel are qualified to
recommend the applicant be given an opportunity to be medically
screened for reentry into military service based on his current
medical status. They too would support his being given an
opportunity to enlist based on their recommendation if he is
otherwise eligible. However, a waiver of prior circumstances to
include the RE code would be more appropriate than circumventing
the screening and waiver process.
The complete AFPC/DPSOA evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 2 Dec 11 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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action to the applicants reentry and separation
codes. In this respect, while we found no error in the
discharge processing, we note that SGPS indicates that it
appears the applicant now meets the enlistment medical criteria
for military duty. In view if this, we believe it would be
appropriate to change the applicants separation to Secretarial
Authority and the RE code to 3K, respectively. The RE code of
3K, is a code which can be waived to allow reenlistment
provided he meets all other requirements for enlistment under an
existing prior service program. Whether he is successful or not
will depend on the needs of the service concerned and our
recommendation in no way guarantees he will be successful in
returning to any branch of the service. Therefore, we recommend
his records be corrected as indicated below.
4. Notwithstanding the above, in regard to the applicants
request to change his character of service, DPSOS has provided
an adequate assessment of the applicants case and we are in
agreement with their opinion and recommendation. In addition,
only on a case by case basis, if a member is within 180 days of
service, and it is clearly warranted by unusual circumstances of
personal conduct and performance of military duty, can a member
be given an honorable characterization of service. Therefore,
we find no basis to favorably consider this portion of his
application.
5. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on
28 October 2010, he was discharged under the provisions of
AFI 36-3208, (Secretarial Authority), with a Separation Program
Designator (SPD) code of KFF and a Reentry code of 3K.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02332 in Executive Session on 20 March 2012,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 11 Aug 11.
Exhibit D. Letter, AFPC/DPSOS, dated 20 Oct 11.
Exhibit E. Letter, AFPC/DPSOA, dated 17 Nov 11.
Exhibit F. Letter, SAF/MRBR, dated 2 Dec 11.
Panel Chair
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