RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03327
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to change his Narrative Reason
for Separation of Fraudulent Entry on his DD Form 214, Certificate of Release or Discharge from Active Duty.
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not know he had asthma prior to joining the Air Force.
He jokingly explained that running, playing, and eating at the
same time as a child caused him to have to catch his breath, as
would any child. He successfully completed basic training and
has never been in any situation where breathing was an issue
prior to joining the military. He would like to re-enter the
Air Force or another branch of the service.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 27 Nov 01.
On 17 Jan 02, as documented on his Chronological Record of
Medical Care, the applicant admitted to his health provider that
he has experienced shortness of breath since age 10.
On 29 Jan 02, the applicants commander notified him that he was
recommending him for discharge from the Air Force for Fraudulent
Entry. The reason for the was that on or about 27 Nov 01, the
applicant was sworn into the Air Force after informing the
Military Entry Processing Station (MEPS) that he had no prior
medical conditions. The applicant then entered Basic Military
Training and was again asked if he had any changes in his
military medical history or anything he did not tell the
recruiter of MEPS, and the applicant checked No to all. The
applicant falsified his Standard Form 93, Report of Medical
History, by not informing MEPS he had asthma prior to joining
the military, which constituted falsification of government
documents.
The applicant acknowledged the notification and waived his right
to counsel and to submit a statement on his own behalf.
On 4 Feb 02, the discharge authority directed the applicant be
discharged with an Entry-level separation (ELS) for Fraudulent
Entry.
On 7 Feb 02, the applicant was furnished an ELS, with an
uncharacterized service, a Reenty Code of 2C (Involuntary
separation with Honorable discharge), a Narrative Reason for
Separation of Fraudulent Entry, and was credited with 3 months
and 17 days of total active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or injustice. The applicant did not submit any
evidence or identify any errors or injustices that occurred in
the discharge process. The applicant falsified his Standard
Form 93, Report of Medical History, by not informing the MEPS
that he had asthma prior to joining the military. This
constitutes falsification of government documents. The
documentation on file in the master personnel records supports
the basis for discharge. The discharge was consistent with the
procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 Oct 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 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 injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
4. The applicants 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 issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2012-03327 in Executive Session on 28 Feb 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jul 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 19 Sep 12.
Exhibit D. Letter, SAF/MRBD, dated 11 Oct 12.
Panel Chair
AF | BCMR | CY2014 | BC 2014 01153
APPLICANT CONTENDS THAT: He joined the Air Force right out of High School to help serve his country. After following a doctors recommendation to be tested for asthma, he was shocked to be diagnosed with asthma. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force office of primary responsibility (OPR), which are attached at Exhibit C and D. AIR FORCE EVALUATION: AETC/SGPS recommends denial indicating there is no evidence...
AF | BCMR | CY2013 | BC 2013 04894
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04894 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His separation program designator (SPD) code of JDA, narrative reason for separation of fraudulent entry into military service, and reentry (RE) code of 2C (involuntarily separated with uncharacterized character of service) be changed to allow him to reenlist. The remaining relevant facts pertaining to this...
AF | BCMR | CY2004 | BC-2003-02092
Medical standards for enlistment (and for continued service) indicate that asthma, including reactive airways disease, exercise induced bronchospasm or asthmatic bronchitis, reliably diagnosed at any age is disqualifying for enlistment. None of the other conditions documented in the applicant’s records would have entitled him to disability benefits. He states that he did not have any knee problems or hand discomfort prior to basic training.
AF | BCMR | CY2014 | BC 2014 00559
It should be noted that the applicant completed Basic Military Training and was attending technical training school at the time she was identified as having asthma. On 20 Sep 13, the applicants examining provider entered the following comment in her medical record Patient has a history of EPTE [existed prior to enlistment] asthma. While the Board notes the additional testing and associated documentation the applicant completed at Lackland Air Force Base, we concur with the opinion of the...
AF | BCMR | CY2013 | BC 2013 05694
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05694 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. DPSOR states the medical authorities concluded that the applicant had a pre-existing condition that would have precluded him from joining the Air Force had this condition been made known at the time of his enlistment. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did...
AF | BCMR | CY2014 | BC 2014 01815
On 3 May 13, the applicant was furnished an entry-level separation with uncharacterized character of service and a narrative reason for separation of Discharge Fraudulent Entry into Military Service (Medical). Because the applicant was discharged for fraudulent entry, he was not credited any active service. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at...
AF | BCMR | CY2014 | BC 2014 03603
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03603 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His narrative reason for separation of Fraudulent entry into military service be changed to General separation. His Reentry (RE) Code of 2C which denotes Involuntary separation honorable discharge or entry level separation without characterization of service be changed to designate a general separation. ...
If, as the applicant contends, the recruiter then had him fill out a second medical history form concealing this history of early childhood asthma, the applicant should not have been considered a fraudulent entry, but rather an erroneous entry level separation should have been the reason for his dismissal. A complete copy of the Air Force evaluation is attached at Exhibit C. The Military Personnel Management Specialist, Separations Branch, HQ AFPC/DPPRS, states that they concur with the...
AF | BCMR | CY2014 | BC 2014 02998
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02998 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reenlistment (RE) Code of 2G (Fraudulent Entry into Military Service, Drug Abuse) be changed to allow him to reenlist in the military. We note that AFPC/DPSOA has determined that the RE code of 2G was issued to the applicant in error and will correct his records to reflect that his RE code is 2C. THE BOARD...
AF | BCMR | CY2013 | BC-2013-00007
On 17 Apr 12, the discharge authority approved the separation, and the applicant was discharged with an entry-level separation by reason of fraudulent entry into military service. The complete DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 31 Mar 13, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. The RE code which was issued at...