RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00096 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: It appears that the applicant is requesting to change her narrative reason for separation “Fraudulent Entry Into Military Service.” _________________________________________________________________ APPLICANT CONTENDS THAT: Her injury that developed during Basic Military Training (BMT) was unforeseeable. She had no way of predicting and no way of anticipating that her injury would develop and prevent her from continuing with the Air Force. She had no intention to commit fraud. In support of her request, the applicant provides a personal statement, medical documentation and documents extracted from her military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 9 November 2009. On 3 December 2009, the applicant was notified by her commander of his intent to recommend that she be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, chapter 5, section 5C, paragraph 5.15. The specific reason for this action was the applicant intentionally concealed a prior service medical condition, which if revealed could have resulted in rejection of her enlistment. The Air Force discovered the applicant had back pain. She was advised of her rights in this matter and acknowledged receipt of the notification on that same date. She waived her right to legal counsel and elected not to submit statements on her own behalf. In a legal review of the case file, the assistant staff judge advocate found the case legally sufficient and recommended separation. On 4 December 2009, the discharge authority concurred with the recommendations and directed an uncharacterized entry level separation. The applicant was discharged on 7 December 2009. She was credited with 2 months and 7 days of prior inactive service. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS states an entry level separation was appropriate due to her condition, but defers to comment on the appropriateness of her entry level separation classification – fraudulent versus erroneous. SGPS further states there is a statement by the applicant that she did not reveal her prior injury to the Military Entrance Processing Station (MEPS) Chief Medical Officer (CMO) because her recruiter told her it was minor and she felt the injury would not recur. The applicant does not contest that her physical condition prevented her ability to complete basic training. She consented to separation action and did not pursue a waiver despite that opportunity. The SGPS complete evaluation is at Exhibit C. AFPC/DPSOS recommends denial. DPSOS states 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 discretion of the discharge authority. The applicant’s service characterization is correct as reflected on her DD Form 214, Certificate of Release or Discharge from Active Duty. Airmen are given entry level separation/uncharacterized service 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 continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, the uncharacterized service which resulted in the reentry (RE) code of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service) on her DD Form 214 is correct and in accordance with DoD and Air Force instructions. The DPSOS complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 13 August 2010, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit D). 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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has failed to sustain her burden of proof of the existence 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 the evidence presented did not demonstrate the existence of an 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-2010-00096 in Executive Session on 9 September 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00096 was considered: Exhibit A. DD Form 149, dated 8 January 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 13 April 2010. Exhibit D. Letter, AFPC/DPSOS, dated 30 July 2010. Exhibit E. Letter, SAF/MRBR, dated 13 August 2010. Panel Chair