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AF | BCMR | CY2013 | BC-2013-01900
Original file (BC-2013-01900.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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 applicant’s 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 authority’s 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
4


3




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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