RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02622
COUNSEL: XXX
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected as follows:
1. Block 26 Separation Code be changed from JDA
(Fraudulent Entry into Military Service) to read JFC (Erroneous
Entry (Other))
2. Block 27 Reentry (RE) Code be changed FROM 2C
(Involuntary Separation with honorable or uncharacterized
character of service) to read RE-1M
3. Block 28 Narrative Reason for Separation be changed
from Fraudulent Entry into Military Service to read Erroneous
Enlistment
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicants eight-page statement is summarized as follows:
1) During the first meeting with her Air Force recruiter,
the applicant disclosed her bee and penicillin allergies. The
recruiter informed her that the allergies were not a problem and
her father witnessed the conversation.
2) During the second meeting with her recruiter, she was
asked about the severity of her bee allergy to which she replied
she was required to carry two epinephrine auto-injectors or Epi-
Pens. Her recruiter instructed her that she did not need to
disclose this information when she processed through the Military
Entrance Processing Station (MEPS).
3) She met her recruiter the day before she reported to the
MEPS. He had her practice filling out the same paperwork she
would complete at the MEPS, instructing her on the appropriate
Yes and No responses to each question. She did not believe
she was doing anything wrong, but thought her recruiter was
helping her to complete the MEPS process by ensuring she did not
make mistakes on her paperwork. The following day, she completed
the MEPS paperwork as instructed by her recruiter.
4) On 7 Sep 10, she reported to boot camp. Approximately
two weeks into basic military training (BMT) she began to
experience some wear and tear issues with her knee. On 18 Oct
10, during a visit to the Trainee Health clinic, the physician
noticed she had a prescription for an EpiPen in her medical
history. She immediately disclosed her use of the EpiPen since
2008. The physician informed her she would need a waiver.
5) On 27 Oct 10, a medical provider reviewed the
applicants medical records and recommended she be
administratively separated from service, but permitted to enlist
when her condition was resolved. However, her commander
processed her administrative separation for Fraudulent Enlistment
and stated she would be ineligible for reentry in the Air Force.
6) The applicant subsequently informed her recruiter of her
impending discharge because of her condition to which he replied
sorry that happened.
The applicant states an erroneous enlistment does not involve
fraud and a fraudulent entry involves deliberate deception on the
part of the member. She does not dispute her bee allergy
disqualifies her from military service; however, she does
adamantly dispute she deliberately concealed her bee allergy.
She disclosed the allergy to her recruiter, who represents the
Air Force; therefore, she did not conceal any facts or
deliberately misrepresent the nature of her bee allergy. In
addition, she would not attempt to conceal a condition that was
readily apparent in her medical history.
She declined to seek a waiver after she was informed that
obtaining a waiver was essentially impossible and would delay her
separation.
She can eventually meet the medical standards for enlistment. In
accordance with a Department of Defense instruction, Applicants
who have been treated for 3-5 years with maintenance venom
immunotherapy DO meet the standards. If she were to seek
treatment, her current narrative reason for separation and
separation code will make it almost impossible to enlist in the
Air Force.
In support of her request, the applicant submits a personal
statement, copies of a support letter, her DD Form 214 and
chronological records of medical care.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 Sep 10, the applicant enlisted in the Regular Air Force. On
5 Nov 10, she received an uncharacterized entry level separation
for fraudulent entry into military service. She served eight
months and one day on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AETC/SGPS recommends denial of the applicants request to
change her narrative reason. SPGS acknowledges the applicants
claim that she informed her recruiter of her allergy and he
informed her not to disclose the information; however, the DD
Form 2807, Report of Medical History, states that making a false
statement may result in 5 years confinement and/or a $10,000 fine
or both and she still withheld the information.
SGPS states the separation was done in accordance with
established policy and administrative procedures.
The complete SGPS evaluation is at Exhibit B.
HQ AFPC/DPSOS recommends denial. DPSOS notes that although the
applicant may have been informed not to disclose her medical
history, she agreed to not disclose her history. DPSOS indicates
that no errors or injustices in the processing of the discharge
action were found. Based on the documentation on file in the
master personnel record, the discharge to include the
characterization of service was consistent with the procedural
and substantive requirements of the discharge instruction and was
within the discretion of the discharge authority. In addition,
the applicant did not submit any evidence or identify any errors
or injustices that occurred in the discharge process.
The complete DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial of the applicants request to
change her RE code. DPSOA states RE code 2C is correct and
driven by the applicants entry level separation with an
uncharacterized character of service.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the Air Force opinions narrowly address
whether the discharge fell within allowable parameters. In
addition, the propriety and equity of the decision is not
addressed. Air Force Instruction 36-3208, Administrative
Separation of Airmen, allows for the separation authority to
waive the discharge and allow the member to remain in service.
Her separation documents do not address whether this option was
even considered. There is no indication any effort was made to
help her meet the standards for a medical waiver of her
condition. Since she concealed a medical condition that she had
no way of knowing was service disqualifying, it is untenable that
the separation authority chose to discharge her and not consider
a medical waiver to allow her to continue to serve.
The applicants complete submission is at 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 an error or injustice. After
reviewing the applicants submission and the evidence of record,
we are persuaded that some relief is warranted. Although the
actions taken to effect the applicants discharge were
appropriate and she was assigned the correct RE code, after
review of the total circumstances of her case, we believe she
should be provided the opportunity to apply for enlistment in the
armed services. We note the applicants specific requests
regarding the correction of her record, i.e., assignment of a 1
series RE code and change of the narrative reason to Erroneous
Enlistment; however, in our view, the more appropriate
corrections would be to change the reason for her separation to
Secretarial Authority, with a separation code of KFF, and an
RE code of 3K (Reserved for use by HQ AFPC or the Air Force
Board for Correction of Military Records (AFBCMR) when no other
reenlistment eligibility code applies or is appropriate). Our
recommendation in no way guarantees the applicant will be allowed
to return to the Air Force or any branch of the service. Whether
she is successful in reentering a branch of the armed forces will
depend on the needs of the service to which application is made.
Therefore, we recommend her records be corrected to the extent
indicated below.
4. 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 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 5 November
2012, she was discharged by reason of Secretarial Authority,
with a separation code of KFF and a reenlistment eligibility
(RE) code of 3K.
_________________________________________________________________
All members voted to correct the record. The following members
of the Board considered this application in Executive Session on
20 Mar 12, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-02622:
Exhibit A. DD Form 149, dated 8 Jul 11, w/atchs.
Exhibit B. Letter, HQ AETC/SGPS, dated 12 Aug 11.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 21 Oct 11.
Exhibit D. Letter, HQ AFPC/DPSOA, dated 23 Nov 11.
Exhibit E. Letter, SAF/MRBR, dated 9 Dec 11
Exhibit F. Letter, Applicant, dated 6 Jan 12.
Panel Chair
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