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AF | BCMR | CY2013 | BC 2013 02908
Original file (BC 2013 02908.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02908
		COUNSEL:  NONE
		HEARING DESIRED: YES

	 

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His Reentry (RE) code of “2C” (Involuntarily separated with an 
honorable discharge; or entry level separation without 
characterization of service) be changed to allow him to reenter 
the military.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was accused of entering the Air Force because of having “Flat 
Feet”.  However, the only thing he was asking for was foot 
insoles or a new set of boots.  He was subsequently issued 
insoles for his running shoes, but not for his boots.  

In support of his request, the applicant provides excerpts from 
his medical records, a copy of his DD Form 214, Certificate of 
Release or Discharge from Active Duty, and a copy of his AF IMT 
100, Request and Authorization for Separation.

His complete submission, with attachments, is at Exhibit A. 

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant entered the Air Force Reserve on 6 Mar 12.  He 
received a RE code of “2C”, narrative reason for separation of 
“Fraudulent Entry into Military Service,” and an entry-level 
separation after serving 1 month and 6 days on active duty.

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which is at Exhibit B and C.

________________________________________________________________
_

AIR FORCE EVALUATION:

AETC/SGPS recommends denial.  After reviewing the applicant’s 
records, they could not find a DD Form 2808, Report of Medical 
Examination, to know if his foot problem was noted during his 
examination.  However, the applicant did check “No” on his 
DD Form 2807, Medical Prescreen of Medical History Report, for 
history of foot trouble.  During Basic Military Training (BMT) 
he began having foot pain when wearing his boots.  He went to 
the clinic and requested inserts to help relieve his foot pain.  
It was during this visit that the provider noted he did not 
mention this history to the Military Entrance Processing Station 
(MEPS) Chief Medical Officer (CMO).  This medical condition is 
disqualifying for military service.  They find the applicant’s 
separation was processed in accordance with established policy 
and administrative procedures.

The complete SGPS evaluation is at Exhibit B.

AFPC/DPSOA recommends denial stating the applicant received a 
“2C” RE code as required by the governing instructions based on 
his entry level separation with an uncharacterized separation.  
His commander directed he be discharged for Fraudulent 
Enlistment with an entry-level separation.

The complete DPSOA evaluation is at Exhibit C. 

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 7 Aug 13 for review and comment within 30 days.  As 
of this date, this office has received no response.

________________________________________________________________
_

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.  We took notice 
of the applicant’s complete submission in judging the merits of 
the case, however, we are not persuaded by the evidence 
submitted that a change in his RE code is warranted.  Therefore, 
we agree with the opinion and recommendation of the Air Force 
offices of primary responsibility, and adopt their rationale as 
the basis for our conclusion that the applicant has not been the 
victim of an error or injustice.  In the absence of persuasive 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in the application.

4.	Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an injustice 
warranting a change in the reason for separation.  We believe 
some doubt has been created regarding whether the applicant 
enlisted in the Air Force under fraudulent circumstances.  
Although it appears the applicant clearly checked “No” on the 
DD Form 2807 regarding a history of foot trouble, we do not 
believe the applicant had any intent to create a fraud.  While a 
strict interpretation of the meaning of “fraudulent enlistment” 
might lead one to conclude the applicant did enlist fraudulently 
by knowingly concealing his foot problems, we do not believe 
this was the case.  Therefore, in the interest of equity and 
justice, we believe his records should 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 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 he was 
discharged on 12 April 2012, with a narrative reason for 
separation of “Erroneous Entry” rather than “Fraudualent Entry 
into Military Service” and a separation code of “JFC” rather 
than “JDA” 

________________________________________________________________
_

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02908 in Executive Session on 27 Feb 14, 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 6 Dec 13, w/atchs.
    Exhibit B.  Letter, AETC/SGPS, dated 28 Jun 13.
    Exhibit C.  Letter, AFPC/DPSOA, dated 24 Jul 13
    Exhibit D.  Letter, SAF/MRBR, dated 7 Aug 13.




                                   
                                   Panel Chair




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