RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03692 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His reason for separation (Fraudulent Entry in Military Service) 
along with the corresponding Separation (SPD) code of “JDA” be 
changed to an “Erroneous Entry.” 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not aware that he was diagnosed with Nail Patella 
Syndrome at two years old and believes that his narrative reason 
for separation should be “erroneous.” 

 

In Mar 09, after being sworn into the Delayed Enlistment 
Program, he and his father immediately informed the recruiter; 
however, he was told that the Military Entrance Processing 
Station (MEPS) already knew what they needed to know and that he 
did not need to tell them that anything had changed. This makes 
his enlistment “erroneous” rather than “fraudulent.” 

 

He always had a desire to serve in the military since middle 
school and would like another opportunity to serve his country. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate offices of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSOR recommends denial, stating, in part, that 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 B. 

 

AETC/SG recommends denial on the applicant’s request for a 
change to the narrative reason for separation; however, since he 
does meet current medical criteria for waiver, they can support 
a change to his RE code. 

 

In the discussion of the case, SG notes, after separation, the 
applicant was seen by an orthopedic specialist and was cleared 
for all activities. He reported no symptoms, pain or other 
abnormalities associated with the condition and he would now 
like to return to active duty once he completes his nursing 
degree. 

 

The complete SG evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 14 Dec 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action to the applicant’s separation code. While we 
note the applicant’s argument that he was told by his recruiter 
not to bring his medical condition to the attention of the 
Military Entrance Processing Station (MEPS), he has not provided 
substantial evidence to support this contention. Moreover, in a 
statement made by the applicant on 23 Jul 09, he admits to not 
disclosing this information to MEPS officials because he was in 
a rush to ship out and stated that he took responsibility for 
his failure to disclose the information. Therefore, we agree 
with the opinion and recommendation of the Air Force office of 
primary responsibility (OPR) and adopt the rationale expressed 
as the basis for our decision that the applicant has failed to 
sustain his burden that he 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 
portion of his application. 

 

4. Notwithstanding the above, while we note the applicant did 
not request a change to his reentry (RE) code of 2C, we believe 
some relief is warranted. In this respect, we note that 
AETC/SGPS states that since the applicant meets current medical 
criteria for a waiver, they would support a change to the RE 
code and we agree with their recommendation. Accordingly, we 
recommend his RE code be changed to “3K,” which is a code that 
can be waived to allow reenlistment provided he meets all other 
requirements for enlistment under an existing prior service 
program. Whether or not he is successful will depend on the 
needs of the service concerned and our recommendation in no way 
guarantees he will be successful in returning to any branch of 
the service. Therefore, we recommend his record be corrected to 
the extent indicated below. 

 

5. 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(s) 
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 at the 
time of his discharge on 31 July 2009, his reentry code was 
“3K.” 

 

________________________________________________________________ 


The following members of the Board considered AFBCMR Docket 
Number BC-2012-03692 in Executive Session on 9 May 13, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 31 Jul 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSOR, dated 26 Sep 12. 

 Exhibit C. Letter, AETC/SGPS, dated 13 Nov 12. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12. 

 

 

 

 

 Panel Chair