RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00196
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His entry-level separation with uncharacterized service be
changed to reflect an Honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
His visit to the precinct in 1987 may have been documented
and/or processed prematurely in anticipation of him being
charged. He never intended to omit or misrepresent any facts in
order for him to enlist in the Air Force. His recruiter made it
clear that waivers could be provided for any documented
occurrence but he mistakenly didnt think this incident was one
that required a waiver.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 1 Aug 91.
On 26 Sep 91, the applicants commander notified him that he was
recommending his discharge from the Air Force for fraudulent
entry. The specific reason for the action was that, at the time
of his enlistment, the applicant intentionally concealed
civilian law enforcement involvement which, if revealed, could
have resulted in rejection of his enlistment.
On 26 Sep 91, the applicant acknowledged receipt of the action,
and waived his right to consult with legal counsel or submit
statements in his own behalf.
On 27 Sep 91, the legal office found the case legally sufficient
and, on that same date, the discharge authority directed the
applicant be furnished an entry-level separation.
On 1 Oct 91, the applicant was furnished an entry-level
separation with uncharacterized service with a narrative reason
for separation of Defective Enlistments Fraudulent Entry.
Airmen are given entry-level separation with uncharacterized
service when separation is initiated in the first 180 days of
continuous active service. The Department of Defense (DoD)
determined it would be unfair to the member and the service to
characterize a members limited service when separation is
initiated within the first 180 days of active service.
On 23 Oct 13, a request for post-service information was
forwarded to applicant for comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
________________________________________________________________
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 error or injustice. We took notice
of the applicants complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge process. Based on the available
evidence of record, it appears the applicants entry-level
separation with uncharacterized service was consistent with the
substantive requirements of the discharge regulation and within
the commanders discretionary authority. He has provided no
evidence which would lead us to believe the characterization of
his service was improper or contrary to the provisions of the
governing directive. Therefore, in the absence of evidence to
the contrary, we find no basis upon which to recommend favorable
consideration of the applicants request.
________________________________________________________________
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-2013-00196 in Executive Session on 12 Dec 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jan 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 23 Oct 13, w/atch.
Panel Chair
3
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