RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00007
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His narrative reason for separation (Fraudulent Entry into
Military Service) and corresponding separation code (JDA), be
changed.
2. His Reentry (RE) code of 2C which denotes (Involuntarily
separated with an entry level separation without
characterization of service) be changed to a code that will
allow him to serve again in the military.
________________________________________________________________
APPLICANT CONTENDS THAT:
During his first week of Basic Military Training (BMT), he had
his first Physical Training (PT) evaluation and afterwards he
noticed soreness in his abdominal muscles.
He was asked if he ever had stomach problems in the past. He
stated that he had surgery when he was sixteen and was told to
watch for issues with scar tissue forming in the abdomen. He
has since been advised that he did not disclose this information
to the Military Entrance Processing Station (MEPS) and that he
committed a fraudulent enlistment.
He gave the MEPS all of his medical records and there is no
mention of scar tissue in his abdomen. His civilian hospital
faxed his records directly to the medical officer. He was
advised that even though the MEPS had his records, he still had
to apply for a waiver to return to training, which he did, and
his waiver was denied.
The RE code is preventing him from getting back in the service.
He was told he could reenlist if he provided medical paperwork
or a doctors opinion that he was medically fine.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 13 Jan 12, the applicant enlisted in the Regular Air Force
for a period of six years.
On 13 Apr 12, the applicant was notified by his squadron
commander that he was recommending his discharge from the Air
Force for Erroneous Enlistment. The reason for the proposed
action was his commander received a medical narrative summary,
dated 29 Mar 12, which found the applicant did not meet minimum
medical standards to enlist due to chronic abdominal pain that
existed prior to entering military service. The applicant
acknowledged receipt of the notification of discharge. He
waived his rights to consult with legal counsel and to submit
statements in his own behalf.
The base legal office reviewed the case and found it legally
sufficient to support the separation.
On 17 Apr 12, the discharge authority approved the separation,
and the applicant was discharged with an entry-level separation
by reason of fraudulent entry into military service.
He served three months and five days of active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial of a change in the applicants
narrative reason for separation and separation code. DPSOS
states the applicants service characterization is correct as
reflected on his DD Form 214. DPSOR states that the applicant
should not have been allowed to join the Air Force because of
chronic abdominal pain. Had the Air Force known of this
condition at the time of the applicants enlistment, he would
not have been allowed entry into the military. 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 if a
member served less than 180 days continuous active service, it
would be unfair to the member and the service to characterize
their limited service. Therefore, his uncharacterized service
is correct and in accordance with DoD and Air Force
instructions.
DPSOR states that based on the documentation on file in the
master personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge
regulation 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.
DPSOR further states that although the applicant is apparently
succeeding and coping well in his civilian capacity, it does not
change the basis for which he was discharged from the Air Force.
The military environment is unique and stressors encountered in
such an environment may not appear or surface when removed from
the military environment.
The complete DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicants request to
change his RE code to one that would allow him to reenlist.
DPSOA states the applicants RE code (2C) is correct based on
his involuntary entry level separation with uncharacterized
service. The applicant has not provided any evidence of an
error or injustice in reference to his RE code.
The complete DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 31 Mar 13, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit E).
________________________________________________________________
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 concerning the
applicants RE code. The applicant has provided no evidence
showing that his assigned RE code is in error or contrary to the
prevailing instruction. The RE code which was issued at the
time of the applicants separation accurately reflects the
circumstances of his separation and we do not find this code to
be in error or unjust. We, therefore, conclude that no basis
exists upon which to recommend favorable action on his request.
We note that AFPC/DPSOR initially recommended denial of the
applicants request to change his narrative reason for
separation and separation code. However, upon further review
DPSOR has indicated that the applicants DD Form 214 is in error
and incorrectly reflects the circumstances surrounding his
separation. As such, they will administratively correct his DD
Form 214 to reflect the appropriate narrative reason for
separation of Erroneous Entry (Other) with the corresponding
separation code of JFC. Therefore, aside from the above
mentioned administrative correction, we find no basis to
recommend further relief in this case.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 Docket Number BC-
2013-00007 in Executive Session on 26 Sep 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Dec 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 25 Feb 13.
Exhibit D. Letter, AFPC/DPSOA, dated 20 Mar 13.
Exhibit E. Letter, SAF/MRBC, dated 31 Mar 13.
Panel Chair
AF | BCMR | CY2014 | BC 2014 01015
The medical authorities concluded that the applicant had a pre-existing condition that would have precluded him from joining the Air Force had this condition been made known at the time of his enlistment. We note that AFPC/DPSOA has determined the applicants reentry (RE) code of 4C was issued erroneously and has corrected his records administratively to reflect that he was issued an RE code of 2C; however, in view of the fact that it appears as though the applicants disqualifying...
AF | BCMR | CY2012 | BC-2012-03351
Based upon the physicians findings, the applicant was notified by her commander of his intent to recommend her for an uncharacterized entry-level separation based on fraudulent entry, under the provisions of Air Force Program Directive 36-32 and Air Force Instruction 36-3208, Chapter 5, Section 5C, Defective Enlistments, paragraph 5.15 under Basis for Discharge for Fraudulent Enlistment. Subsequently, the discharge authority approved the recommended discharge and directed the applicant be...
AF | BCMR | CY2013 | BC 2013 01790
On 11 Apr 08, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of Erroneous Entry (OTHER), and an RE code of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service). In accordance with AFI 36-2606, Reenlistment in the USAF, chapter 5, the RE code 2C is required based on the entry-level separation with uncharacterized service and the applicant does not...
AF | BCMR | CY2014 | BC 2014 00785
The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibits C, D, and E. AIR FORCE EVALUATION: HQ AETC/SGPS recommends denial indicating that based on the documentation on file and subsequent civilian examination the recommendation for separation was done in accordance with established policy and procedures. We took notice of the applicant's complete submission in...
AF | BCMR | CY2013 | BC 2013 02075
On 6 Mar 12, the applicant was notified of his commanders intent to recommend that he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen for a mental disorder. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicants request to change his narrative reason for separation. The complete SGPS evaluation is at Exhibit...
AF | BCMR | CY2012 | BC-2012-03860
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03860 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. On 17 Apr 09, the applicant was notified of her commanders intent to recommend that she be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen for Fradulent Enlistment. ...
AF | BCMR | CY2012 | BC-2012-03972
On 4 Apr 07, the discharge authority directed the applicant be discharged from the Air Force with an uncharacterized entry-level separation. DPSOR states a review of the applicants record reveals there was an error in his separation record. Specifically, the applicants DD Form 214, Certificate of Release or Discharge from Active Duty, incorrectly reflects he was discharged with a separation code of JFX and a narrative reason of Personality Disorder. Since the applicant was diagnosed...
AF | BCMR | CY2012 | BC-2012-05836
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05836 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. The applicant also stated his desire to leave the military due to increased anxiety and stress at home. DPSOA states the RE code 2C is required based on the entry level separation with uncharacterized character of service and the applicant does...
AF | BCMR | CY2013 | BC 2013 04894
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04894 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His separation program designator (SPD) code of JDA, narrative reason for separation of fraudulent entry into military service, and reentry (RE) code of 2C (involuntarily separated with uncharacterized character of service) be changed to allow him to reenlist. The remaining relevant facts pertaining to this...
AF | BCMR | CY2013 | BC 2013 03242
In this case, the applicant indicated his urinary incontinence was exacerbated by over-hydrating during the day and he should be granted a waiver to continue his service. A complete copy of the AFPC/DPSOR evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant argues that the only time he should have been prevented from participating in his graduation was during the time he was experiencing...