RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02275
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His separation be changed to general, under honorable conditions, and his reenlistment eligibility (RE) code be changed so he may reenlist in the military.

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APPLICANT CONTENDS THAT:

He may not have mentioned everything about his probation but he did not lie about it either.  He was told that it would be no problem by someone who was supposed to know what they were doing.  This situation is just as much the Air Force’s fault as it is his.  He was told the day he was discharged that he was ineligible for reentry into the Air Force but that he could join another branch of service under the separation and reentry codes he was given.  He found out that he is not eligible for entry into any other branch.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

On 15 May 01, the applicant enlisted in the Regular Air Force (RegAF) for a period of six years in the grade of airman basic.

On 19 Jun 01, the applicant was notified that his commander was recommending that he be discharged from the Air Force for fraudulent entry.  The reason for the commander’s actions was that the applicant failed to disclose that he was on probation for a law violation (speeding).  Had the Air Force known of this history, it could have rendered him ineligible to enlist.

On 19 Jun 01, applicant waived his right to consult counsel and waived his right to submit statements.  The case file was found legally sufficient to support separation.

On 28 Jun 01, the applicant was separated from the Air Force under the provisions of AFI 36‑3208, Administrative Separation of Airmen, (Fraudulent Entry into Military Service), with an uncharacterized entry level separation, an RE code of 2C (Involuntarily separated with an honorable discharge; or, entry level separation without characterization of service), and a Separation Program Designator (SPD) code JDA (Fraudulent Entry Into Military Service).  He served 1 month and 14 days of total active service but received no credit for this time due to his fraudulent entry.

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application and recommends denial.  They state that 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 of continuous active service, it would be unfair to the member and the service to characterize their limited service.  Therefore, the applicant’s uncharacterized character of service is correct and in accordance with DOD and Air Force instructions.  An entry level/uncharacterized separation should not be viewed as negative and should not be confused with other types of separation.  Based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation at that time.  Additionally, the discharge was within the sound discretion of the discharge authority.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s mother provided a letter on her son’s behalf (see Exhibit E.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting corrective action.  We found no evidence that responsible officials applied inappropriate standards in effecting the applicant’s discharge, that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge.  Nevertheless, after careful review of the evidence provided, a majority of the Board is of the opinion that to continue to show the narrative reason for separation as “Fraudulent Entry Into Military Service” would be unduly harsh and therefore would create an injustice to the applicant.  Therefore, a majority of the Board recommends that his narrative reason for separation be changed to “Secretarial Authority,” with the corresponding separation code of “KFF.”  A majority of the Board also recommends that the applicant’s reenlistment eligibility code be changed to RE-3K. This is a code that can be waived for prior enlistment consideration, provided he meets all other requirements for enlistment under an existing prior service program.  Whether or not he is selected for enlistment will be based on the needs of the service to which application is made.

4.	Applicant’s request that his uncharacterized entry level separation be changed to general, under honorable conditions, is duly noted.  However, airmen are considered to be in an entry level status during the first 180 days of continuous active duty.  If discharge action is initiated during this time, as in the applicant’s case, the separation is described as an entry level separation.  Based on the foregoing, and in the absence of evidence to the contrary, we find no basis upon which to recommend favorable action on the applicant’s request to change his entry level separation to a general, under honorable conditions, discharge.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 28 June 2001, he received an entry level separation by reason of “Secretarial Authority,” with Separation Program Designator Code “KFF,” and reenlistment eligibility (RE) code 3K.

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The following members of the Board considered this application in Executive Session on 31 January 2002, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
	            Member

A majority of the panel voted to correct the records as recommended voted to deny applicant’s requests but does not wish to submit a minority report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 21 Aug 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 18 Sep 01.
     Exhibit D.  Letter, AFBCMR, dated 5 Oct 01.
     Exhibit E.  Letter fr mother, dated 15 Jan 02, w/atch.

                                   

AFBCMR 01-02275

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that on 28 June 2001, he received an entry level separation by reason of “Secretarial Authority,” with Separation Program Designator Code “KFF,” and reenlistment eligibility (RE) code 3K.