RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01760
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation Defective enlistment-
fraudulent entry be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is currently a 50 percent service connected disabled veteran
and his injury occurred while on active duty and not prior to
service. He did not enter the Air Force fraudulently.
The applicants submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 Aug 1991, the applicant entered active duty.
On 26 Sep 1991, he was notified by his commander that he was
recommending his discharge from the Air Force for Concealment
of Other Bars to Enlistment-Medical Conditions in accordance
with Air Force Regulation 39-10, Administrative Separation of
Airman. The specific reason for this action was a medical
narrative summary, dated 18 Sep 1991, which found the applicant
had chronic low back pain secondary to an old compression
fracture that he did not disclose on his SF Form 93, Report of
Medical History, at time of enlistment.
On 26 Sep 1991, the applicant acknowledged the notification and
was advised of his right to consult counsel and submit
statements in his own behalf.
On 27 Sep 1991, the assistant staff judge advocate found the
discharge legally sufficient.
On 1 Oct 1991, he received an entry-level separation and a
narrative reason for separation of Defective-enlistment
fraudulent entry.
He served two months and five days.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. The documentation in the
applicants master personnel records supports the basis for the
discharge and the applicants entry level service
characterization. The applicant failed to indicate on his SF
Form 93 that he had a history of recurrent back pain. Based
upon the applicants failure to disclose his prior service
medical condition, his commander recommended his discharge from
the Air Force for fraudulent entry with an entry level
separation. The applicant did not submit any evidence or
identify any errors or injustices that occurred in the discharge
processing.
The complete DPSOR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 21 Jun 2013 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
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 timely file.
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 agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2013-01760 in Executive Session on 30 Jan 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Apr 2013.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPSOR, dated 5 Jun 2013.
Exhibit D. Letter, SAF/MRBR, dated 21 Jun 2013.
Panel Chair
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