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AF | BCMR | CY2011 | BC-2011-02332
Original file (BC-2011-02332.txt) Auto-classification: Approved
 

 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 applicant’s 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 
applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 
request to change his character of service, DPSOS has provided 
an adequate assessment of the applicant’s 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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