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AF | BCMR | CY2012 | BC-2012-03860
Original file (BC-2012-03860.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03860
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her narrative reason for separation of “Fradulent Entry into 
Military Service” and separation code of “JDA” be changed.

2.  Her reentry (RE) code of “2C” which denotes “Involuntarily 
separated with an honorable discharge; or entry-level separation 
without characterization” be changed. 

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was not deceitful when she completed her enlistment 
paperwork.  She was young, immature, confused, and did not fully 
understand the questions that were being asked.  She was 
stressed from the rigors of basic military training (BMT) and 
being away from home for the first time.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 7 Apr 09, the applicant enlisted in the Regular Air Force.  

On 13 Apr 09, the applicant was diagnosed with an Adjustment 
Disorder with Depressed Mood by the Behavior Analysis Service.  
Because her diagnosis was so severe, her ability to function 
effectively in the military environment was significantly 
impaired and did not meet retention standards for continued 
military service.  

On 17 Apr 09, the applicant was notified of her commander’s 
intent to recommend that she be discharged from the Air Force 
under the provisions of AFI 36-3208, Administrative Separation 
of Airmen for Fradulent Enlistment.  Specifically, the applicant 
had a history of attempted suicides and suicidal ideations that 
were not documented on her DD Form 2807-1, Report of Medical 
History; USMEPCOM Form 40-1-15-E, Supplemental Health Screening 
Questionnaire, and USMEPCOM Form 601-23-5-R-E, Introductory 
PreAccession Interview.  The applicant acknowledged receipt of 
the notification of discharge, waived her rights to consult with 
counsel and to submit a statement on her own behalf.  

On 21 Apr 09, the case file was determined to be legally 
sufficient to support separation.  The applicant received an 
uncharacterized entry-level separation, with a separation code 
of JDA, which denotes “Fraudulent Entry into Military Service” 
and was issued an RE code of 2C.  The applicant was not credited 
with any active duty service time.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial of the applicant’s request to 
change her narrative reason for separation.  DPSOR states that 
the documentation on file in the master personnel records 
reflects the discharge was consistent with the procedural and 
substantive requirements of the discharge regulation and was 
within the discretion of the discharge authority.  

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 if a member served less than 180 days 
continuous active service, it would be unfair to the member and 
the service to characterize their limited service. Therefore, 
her uncharacterized character of service is correct and in 
accordance with DoD and Air Force instructions.

The complete DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends denial of the applicant’s request to 
change her RE code.  DPSOA states that the applicant’s RE code 
2C is required per AFI 36-2606, Reenlistments in the Air Force 
based on her entry-level separation with uncharacterized 
character of service.  

DPSOA states the applicant does not provide proof of an error or 
injustice regarding her RE code.  

The complete DPSOA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 26 Nov 12, for review and comment within 30 days 
(Exhibit E).  As of this date, this office has not received a 
response.

_________________________________________________________________

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.  After 
careful consideration of the circumstances of this case and the 
evidence provided by the applicant, we are not persuaded the 
applicant's narrative reason for separation, separation code and 
reentry code are in error or unjust.  Therefore, we agree with 
the opinions and recommendations of the Air Force offices of 
primary responsibility and adopt their rationale, as the basis 
for our conclusion the applicant has not been the victim of an 
error or injustice.  In view of the above and in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 Docket Number    
BC-2012-03860 in Executive Session on 21 May 13, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03860 was considered:  

   Exhibit A.  DD Form 149, dated 25 Jul 09 {sic}, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOR, dated 1 Oct 12.
   Exhibit D.  Letter, AFPC/DPSOA, dated 6 Nov 12.
   Exhibit E.  Letter, SAF/MRBR, dated 26 Nov 12.




                                   
                                   Panel Chair

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