RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01900
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His narrative reason for separation of Fraudulent Entry into
Military Service be changed.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
The injury he sustained in basic training was not related to the
injury sustained prior to entering the military. It had been so
long since it bothered him that when he filled out the medical
forms he forgot to list the injury. He had no intention of
enlisting fraudulently.
In support of his request, the applicant provides excerpts from
his medical records.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 28 Dec 10.
The applicants commander notified him that he was recommending
him for discharge for Fraudulent Enlistment under the provisions
of AFPD 36-32- and AFI 36-3208, Chapter 5, Section 5C, Defective
Enlistments, Paragraph 5.15. He acknowledged receipt of the
discharge notification and waived his right to submit
statements. The applicant received a narrative reason for
separation of Fraudulent Entry into Military Service and
received an entry level separation after serving over 3 months
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 C and D.
________________________________________________________________
_
AIR FORCE EVALUATION:
AETC/SGPS recommends denial stating the applicant claims he was
unaware of any problems when he took his induction physical
examination regarding the strenuous physical activity involved
that re-aggravated the condition to such a degree he could not
continue. Based on the applicants personnel file, the
separation was processed in accordance with the established
policy and administrative procedures.
The complete SGPS evaluation is at Exhibit C.
AFPC/DPSOR recommends denial stating had the Air Force known
about the applicants previous medical condition, he would have
been rendered ineligible to enlist in the Air Force. 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
discharge authoritys discretion. In addition, airmen are given
entry level separation/uncharacterized separation when the
separation is initiated in the first 180 days of continuous
active service. Furthermore, the applicant has not identified
any errors or injustices that occurred in processing his
discharge.
The complete DPSOR evaluation is at Exhibit D.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 5 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 agree with the opinions and
recommendations 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. 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-2013-01900 in Executive Session on 6 Feb 14, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Apr 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 4 Jun 13.
Exhibit D. Letter, AFPC/DPSOR, dated 28 Jun 13.
Exhibit E. Letter, SAF/MRBR, dated 5 Aug 13.
Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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This document contains information which must be protected IAW AFI 33-332 and DoD Regulation
5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only (FOUO).
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