RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04991
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her reason for separation (Fraudulent Entry in Military Service 
– Board Waiver) along with the corresponding separation code of 
“HDA” be changed.  

________________________________________________________________

APPLICANT CONTENDS THAT:

She voluntarily accepted the administrative discharge under the 
impression that her DD Form 214, Certificate of Release or 
Discharge from Active Duty, issued in conjunction with her 
12 Oct 12 separation, would reflect that she served honorably 
and that she was separated based on administrative reasons.  She 
feels that she was misled and believes this action will 
negatively impact her employment and her ability to lead a 
productive life.

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

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STATEMENT OF FACTS:

On 17 Sep 12, the squadron commander notified the applicant of 
administrative discharge action for deliberate concealment of 
the fact that she used marijuana more than one time and used 
ecstasy at least three times, procuring herself to be enlisted 
as an airman basic in the United States Air Force and thereafter 
receive pay and allowances under the enlistment so procured.  

The applicant acknowledged receipt of the notification of 
discharge and was advised of her right to consult with legal 
counsel and submit statements in her own behalf.  On 21 Sep 12, 
the applicant submitted a conditional waiver of an 
administrative discharge board contingent upon receiving an 
honorable service characterization of discharge.  The base legal 
office reviewed the case and found it legally sufficient to 
support the basis for separation.
On 4 Oct 12, the discharge authority accepted the conditional 
waiver and directed the applicant be discharged with an 
Honorable discharge without Probation and Rehabilitation (P&R).

On 12 Oct 12, the applicant was discharged by reason of 
“Fraudulent Entry into Military Service,” with service 
characterized as honorable.  

Other relevant facts pertaining to this application, extracted 
from the applicant's military records, are contained in the 
letter prepared by the appropriate office of the Air Force.  
Accordingly, there is no need to recite these facts in this 
Record of Proceedings.

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THE AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states that based on the 
documentation on file in the master personnel records, 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. She provided no facts 
warranting a change to her separation.

The suitability of persons to serve in the Air Force is judged 
by their conduct and ability to meet required standards of duty 
performance and discipline.  The separation of members who fail 
to meet standards of performance, conduct, or discipline 
promotes Air Force readiness and strengthens our standards of 
military service.  Based on the misconduct listed above, the 
applicant's conduct is not compatible with military standards 
and shows a repeated lack of credibility.  The applicant lost 
her security clearance and, due to past drug use and 
misrepresentations, will not be able to obtain a clearance in 
the future.

AFI 36-3208, Administrative Separation of Airmen, paragraph 
5.15, states that airmen may be discharged for fraudulent entry 
based on procurement of an enlistment through any deliberate, 
material misrepresentation, omission, or concealment that, if 
known at the time of enlistment, might have resulted in 
rejection.  Airmen found to be subject to discharge under this 
section may be granted a waiver to stay in the Air Force under 
limited circumstances; however, a waiver is not guaranteed.  In 
deciding whether to recommend a waiver, the regulation directs 
the commander to look at the type of fraud and any extenuating 
circumstances.  Therefore, her narrative reason for separation 
is correct and in accordance with DoD and Air Force 
instructions.

The complete DPSOR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 11 Jan 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting a 
change to the applicant’s narrative reason for separation and 
the corresponding separation code.  The applicant states that 
she was misled to believe her narrative reason for separation 
would reflect “administrative reasons.” However, she has not 
provided sufficient evidence which would lead us to believe that 
she was miscounseled or that her narrative reason for separation 
is in error or contrary to the provisions of the governing 
policy.  Therefore, we agree with the opinion and recommendation 
of the Air force office of responsibility and adopt the 
rationale expressed as the basis for our decision that the 
applicant has failed to sustain her burden that she has suffered 
from 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 this application.  

________________________________________________________________



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-2012-04991 in Executive Session on 6 Aug 13, under the 
provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Oct 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, dated 19 Dec 12.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 13.




                                   Panel Chair




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