RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02476
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His discharge for fraudulent entry be removed.
APPLICANT CONTENDS THAT:
While at the Military Entrance Processing Station (MEPS) for his
physical he was given a packet to answer questions regarding his
medical history. He told the MEPS liaison he had back pain when
he performed extraneous activities and was told back pain was
minor, and not a concern for enlistment, unless it had required
surgery.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
16 Oct 12.
On 5 Dec 12, the applicants commander notified him that he was
recommending his discharge for fraudulent entry. The reason for
this action was he intentionally concealed a prior service
medical condition, which, if revealed, could have resulted in
rejection of enlistment. The applicant had a history of chronic
hip and back pain that was not documented on his DD Form 2807-1,
Report of Medical History.
On 5 Dec 12, the applicant acknowledged receipt of the action
and waived his right to consult with legal counsel or submit
statements on his own behalf.
On 6 Dec 12, the case was found to be legally sufficient and the
discharge authority approved the commanders recommendation,
directing the applicant be issued an entry-level separation with
a basis for discharge of fraudulent entry.
On 10 Dec 12, the applicant was furnished an entry-level
separation with uncharacterized service, and was credited with
1 month and 25 days of active service.
The remaining relevant facts pertaining to this application are
contained in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are attached at Exhibits C
and D.
AIR FORCE EVALUATION:
AETC/SGPS recommends denial indicating there is no evidence of
an error or injustice. Soon after entering basic training, the
applicant was seen at the clinic for chronic hip and back pain
that became worse with vigorous physical activity and he could
no longer attend basic training. He stated he had been in pain
for as long as he could remember, but he did not disclose this
during his MEPS physical because the recruiter indicated that
only surgeries should be disclosed and that pain was not
important. The applicant did not provide any evidence of an
error or injustice that occurred in the medical processing of
his discharge. Based on documentation on file in the
applicants records, the separation was carried out in
accordance with established policy and administrative
procedures.
A complete copy of the AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice. The applicants commander notified
him on 5 Dec 12 he was recommending him for discharge from the
Air Force for entry-level separation (Fraudulent Entry) for
deliberately concealing a prior service medical condition. The
applicants SF Form 600, Chronological Record of Medical Care,
shows that a physician diagnosed the applicant with a condition
which existed prior to enlistment and disqualified him for
enlistment. The applicants service characterization is correct
as indicated on his DD Form 214, Certificate of Release or
Discharge from Active Duty. The applicant had only 50 days of
continuous active service when the discharge was initiated.
Airmen are given entry-level separation/uncharacterized service
when separation is initiated in the first 180 days of active
service. The Department of Defense (DOD) determined if a member
served less than 180 days of continuous active service; it would
be unfair to the member and the service to characterize their
limited service. The discharge was consistent with the
procedural and substantive requirements of the discharge
regulation and was within the discretion of the discharge
authority. The separation program designator (SPD) code,
narrative reason for separation, and character of service are
correct as indicated on the applicants DD Form 214.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to the
applicant on 27 Oct 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
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 an error or injustice. We took
notice of the applicants 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 (OPR) and adopt their rationale as the basis for
our conclusion the applicant has not been the victim of an error
of injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the requested
relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2014-02476 in Executive Session on 19 Mar 15, under
the provisions of AFI 36-2603:
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The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02476 was considered:
Exhibit A. DD Form 149, dated 12 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AETC/SGPS, dated 26 Jun 14.
Exhibit D. Memorandum, AFPC/DPSOR, dated 30 Jun 14.
Exhibit E. Letter, SAF/MRBR, dated 27 Oct 14.
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