RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00834
		INDEX NUMBER:  110.02
	 	COUNSEL:  NONE

	 	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

The narrative reason for his discharge be changed from “fraudulent entry” to “erroneous entry.”

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D.

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AIR FORCE EVALUATIONS:

The BCMR Medical Consultant recommends the application be denied and states, in part, that the applicant concealed his history of childhood asthma on two occasions in order to gain entry into military service.  Fraudulent entry involves deliberate deception on the part of the member; whereas, erroneous enlistment does not.  The action and disposition in the applicant’s case was proper and equitable reflecting compliance with Air Force directives that implement the law.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPRS recommends the application be denied and states, in part, that they believe the discharge was consistent with procedural and substantive requirements of the discharge regulation.  In addition, the discharge was within the sound discretion of the discharge authority.  The applicant provides no facts warranting a change in the narrative reason for his separation and they concur with the BCMR Medical Consultant that no change is warranted.

The AFPC/DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 31 May 2002 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The offices of primary responsibility have adequately addressed applicant’s contentions and we agree with their opinions and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered Docket Number 02-00834 in Executive Session on 25 July 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 8 May 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 24 May 02
	Exhibit E.  Letter, SAF/MRBR, dated 31 May 02.