RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00439 INDEX CODE: 110.00, 112.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His narrative reason for separation (fraudulent entry into military service), the corresponding separation code of JDA, and his reentry (RE) code of 2C (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He feels the reason for separation is too harsh since he did not know that his occasional headaches were a medical issue. He told the doctor that he had headaches and all of a sudden, he was scared and on the fast track to being discharged. He wanted to stay but did everything he was told to do with no realization of what was happening. In support of his appeal, the applicant provides a statement; a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 17 Dec 09 discharge, and extracts from his military personnel and medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 23 Nov 09 for a period of six years in the grade of airman basic (E-1/AB). The squadron commander initiated administrative discharge action against the applicant, on 15 Dec 09, for fraudulent entry. The reason for the proposed action was that a Chronological Record of Medical Care, dated 11 Dec 09, indicated a diagnosis of headache syndrome and it was determined the condition existed prior to service. The diagnosis did not meet retention standards for continued military service and it was not disclosed on his DD Form 2807-1, Report of Medical History. The commander recommended an entry level separation. On that same date, applicant acknowledged receipt of the discharge notification, waived his right to consult counsel and to submit statements in his own behalf. The Assistant Staff Judge Advocate found the case file legally sufficient to support separation, subject to inclusion in the file of a report of medical examination showing the applicant to be physically qualified for separation. On 16 Dec 09, the discharge authority approved the entry level separation. The applicant received an uncharacterized entry-level separation on 17 Dec 09, by reason of “Fraudulent Entry into Military Service,” and was issued an RE code of 2C. He was credited with 8 months and 4 days of prior inactive service. ________________________________________________________________ THE AIR FORCE EVALUATION: AETC/SGPS recommends denial. They found that the separation process was done in accordance with established policy and administrative procedures. In addition, they do not support a change in the RE code. The complete AETC/SGPS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 Jul 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 with respect to the applicant’s request to have his RE code of 2C changed. We note, at the time members separate from the Air Force, they are furnished an RE code predicated upon the quality and the circumstances of their separation. The applicant’s RE code of 2C accurately reflects his involuntary separation with uncharacterized service. Therefore, after a thorough review of the evidence of record, we believe that given the circumstances surrounding the applicant’s separation, the RE code issued was in accordance with the governing instruction. In view of the above, we find no basis to recommend a change to his RE code. 4. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action in regard to the applicant’s narrative reason for separation. As the record stands, the applicant was separated for fraudulent enlistment, based on a diagnosis of headache syndrome, which existed prior to service. In this respect, the available evidence of record reflects the applicant indicated on his medical documentation for enlistment that he never had and did not currently have frequent or severe headaches. Nonetheless, after reviewing the evidence of record and the documentation submitted in the applicant’s behalf, we believe that there is some doubt as to whether the applicant intended to conceal his medical condition from Air Force officials. Therefore, in light of the applicant’s age at that time and his brief period of service, we believe that any doubt should be resolved in his favor. Therefore, in view of the above, we recommend the narrative reason be changed to Secretarial Authority. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 17 December 2009, he was discharged under the provisions of AFI 36-3208, (Secretarial Authority), with a Separation Program Designator (SPD) code of “KFF.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00439 in Executive Session on 21 September 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 7 Jun 10. Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10.