RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05513
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C (entry-level separation with uncharacterized service) be changed so that he can be eligible for enlistment into the coast guard reserve.
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APPLICANT CONTENDS THAT:
He was told by his recruiter not to disclose that he previously took medication for Attention Deficit/Hyperactivity Disorder (ADHD) because he would be disqualified for enlistment. He has not suffered from his prior medical condition for 14 years.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 13 January 1999.
On 29 January 1999, the applicants commander notified him that he was recommending his discharge from the Air Force for fraudulent entry. Specifically, he failed to indicate on his SF 93, Report of Medical History, that he had a history of mental health treatment. Had the Air Force known of this history it could have rendered him ineligible to enlist.
On 29 January 1999, the applicant acknowledged receipt of the action and waived his rights to consult with counsel and submit a statement in his own behalf.
On 1 February 1999, the discharge authority directed the applicant be furnished an Entry-Level Separation.
On 2 February 1999, the applicant was furnished an Entry-Level Separation with uncharacterized service, with a narrative reason for separation of Fraudulent Entry Into Military Service.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial, indicating there is no evidence of an error or injustice. Based on the applicants entry-level separation with uncharacterized service for fraudulent entry into military service, the RE code 2C is required per AFI 36-2606, Reenlistments in the USAF.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21 December 2012 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 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 with respect to the applicants request for a change to his reentry (RE) code. We took notice of the applicants 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The Reentry (RE) code of 2C was appropriate for an entry level separation and required in accordance with the governing instruction. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice with respect to the applicants narrative reason for separation. While there is no evidence that the applicants discharge was inappropriate to the circumstances, we do not believe the applicant should continue to suffer the stigma of Fraudulent Enlistment as a narrative reason for separation when he has presented evidence indicating that he was advised by his recruiter not to disclose his disqualifying condition, which would have prohibited his entry into the military. Therefore, we believe it would be appropriate to recommend changing the applicants narrative reason for separation to Secretarial Authority and accompanying separation program designator (SPD) code to JFF. Therefore, in the interest of equity and justice, we believe the applicants records should be corrected to the extent indicated below.
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THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was issued a narrative reason for separation and separation program designator (SPD) code of Secretarial Authority and JFF, respectively, in conjunction with his 2 February 1999 entry-level separation with uncharacterized service.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05513 in Executive Session on 10 September 2013, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 October 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 14 December 2012.
Exhibit D. Letter, SAF/MRBR, dated 21 December 2012.
Panel Chair
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