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 applicants
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 applicants
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 applicants 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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