RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02031
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His reason for separation (Fraudulent Entry in Military Service)
and Separation Program Designator (SPD) code of JDA be changed
to reflect a medical discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has always had mild asthmatic symptoms and when it started
acting up in basic training he was appalled. His Army recruiter
advised him that he did not have asthma and doctors in his town
had made a mistake. He only wanted to serve his country and
would still like the chance to serve in some capacity with the
federal government, specifically, the United States Customs and
Border Patrol (CBP).
He should have been a little more honest about his past with
asthma; however, after talking with the Army recruiter he was
really convinced that he did not have asthma.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 10 May 11, the applicant enlisted in the Regular Air Force
for a period of four years.
On 23 Jun 11, the applicant's commander notified him that he
was recommending his discharge from the Air Force for
Fraudulent Entry for intentionally concealing a prior service
medical condition which, if revealed, could have resulted in
rejection of his enlistment. Specifically, the medical
evaluation report, dated 20 Jun 11, indicated the applicant was
diagnosed with asthma, which existed prior to service and his
failure to disclose the condition. The applicant acknowledged
receipt of the notification of discharge and was afforded the
opportunity to submit statements in his own behalf. The
discharge authority approved the separation and directed an
uncharacterized entry level separation.
On 27 Jun 11, the applicant received an uncharacterized entry-
level separation, 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).
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, stating, in part, 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 DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 26 Nov 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. The
evidence of record indicates the applicant was given an entry
level separation for fraudulent entry into military service
based on his intentional concealment of a pre-service medical
condition, which if revealed, could have resulted in the
rejection of his enlistment. The applicant contends he informed
his recruiter of his condition but was advised that his doctor
made a mistake on his diagnosis. No evidence has been presented
which would lead us to believe the applicants separation was
improper or contrary to the prevailing directive in effect at
the time. Therefore, we find no basis to recommend favorable
action on his request to change his entry level separation to a
medical discharge. Notwithstanding this, after a thorough
review of the facts and circumstances of this case, we are
sufficiently persuaded the applicant may not have been properly
advised by his recruiter regarding the revelation of his pre-
service medical condition. Furthermore, while we note the
applicant did conceal his condition, we are of the opinion the
action was not based on a conscious, deliberate attempt to
deceive, but was rather an act of poor judgment. In view of the
above, we believe it would be in the interest of justice to
change his narrative reason for separation to one that is more
innocuous. Accordingly, we recommend the applicants narrative
reason for separation be changed to Secretarial Authority.
Therefore, we recommend his records be corrected to the extent
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on
27 June 2011, he was discharged under the provisions of AFI 36-
3208, (Secretarial Authority), with a Separation Program
Designator (SPD) code of KFF.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02031 in Executive Session on 15 January 2013,
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 7 May 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 8 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12.
Panel Chair
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