RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-02136

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His discharge for fraudulent enlistment be set aside and he receive active duty credit for an honorable discharge.

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THE APPLICANT CONTENDS THAT:

He was never convicted of any crime prior to his enlistment into the Air Force.

Prior to his enlistment, he was detained on three occasions by the Department of Juvenile Justice (i.e., twice for running away from home and once for petty larceny).  In addition, when he was sixteen and living with his uncle who was a heroin addict, he was arrested along with his uncle, when the police arrested his uncle for drug possession.  However, the case against him was dismissed because he was never in the possession of any drugs.  He advised the recruiter of this information and was told that since he was never convicted and the incidents occurred when he was a juvenile, he did not have to disclose the information.  He believes his discharge is unjust because he was following the direction of his superior at the time.

In support of the appeal, the applicant submits his personal statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 8 May 1973 for a period of four years.

On 11 October 1973, he received notification that he was being recommended for discharge for fraudulent enlistment.  Specifically, that he failed to disclose that on 2 November 1971, he was arrested for possession of drugs.  He waived his right to an Administrative Discharge Board (ADB) and submitted statements in his own behalf.  The discharge authority approved his discharge, without probation and rehabilitation.

On 16 November 1973, he was honorably discharged under the provisions of AFR 39-12 (Fraudulent Enlistment).  He was not given credit for any time on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit E.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the discharge regulation and within the discretion of the discharge authority.  The applicant has provided no evidence or identified any errors or injustices to warrant a change in his discharge.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 25 July 2003 for review and response within 30 days.  In addition, on 2 September 2003, a complete copy of the FBI Report of Investigation was forwarded to the applicant for review and response within 30 days.  However, as of this date, this office has received no response.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.  In this respect, we note that the discharge appears to be in compliance with the governing regulation in effect at the time of his separation and we find no evidence to indicate that his separation from the Air Force was inappropriate.  We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 BC-2003-02136 in Executive Session on 8 October 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 May 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 Jul 03.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.
    Exhibit E.  FBI Investigative Report.