RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02152 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2C - Involuntarily separated with an honorable discharge; or entry level separation without characterization of service and separation code of JDA – Fraudulent Entry Into Military Service be changed in order to reenlist. _________________________________________________________________ APPLICANT CONTENDS THAT: His medical disqualification was based on his medical history prior to age 13. He does not believe that withholding medical history should be the cause for his separation because he was never diagnosed with Asthma. He did not have any symptoms after age 12. In support of his request, the applicant provides a personal statement, DD Form 214, Certificate of Release or Discharge from Active Duty and correspondence from his physician. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 21 July 2009. The applicant was notified by his commander of his intent to recommend his discharge from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, chapter 5, section 5C, and paragraph 5.15. The specific reason was the applicant intentionally concealed a prior service medical condition which if revealed could have resulted in rejection of his enlistment. The Air Force discovered he had Asthma. This medical condition could have rendered him ineligible to enlist in the Air Force. He was advised of his rights in this matter and elected not to consult with counsel and waived his right to submit statements in his own behalf. The discharge authority concurred with the recommendation and directed an entry level separation. The applicant was discharged on 25 August 2009. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/SGPS states at the time, the separation was done in accordance with established policy and administrative procedures. Due to the DoDI update, the asthma standards have changed, and SGPS can support a change to his RE and separation codes. The SGPS completion evaluation is at Exhibit C. AFPC/DPSOS recommends denial. DPSOS states the documentation on file in the master personnel records supports the basis for discharge. The discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. Airman are given entry level separation/uncharacterized service characterization when separation is initiated in the first 180 days 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, his uncharacterized character of service is correct and in accordance with DoD and Air Force instructions. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. However, the applicant’s narrative reason for separation was not completed on his DD Form 214, which will be administratively corrected to reflect “Fraudulent Entry Into Military Service.” The DPSOS complete evaluation is at Exhibit D. HQ AFPC/DPSOA recommends denial. DPSOA states the applicant’s RE code is driven by his involuntary entry level separation with uncharacterized character of service and is not affected by his current medical status. DPSOA does not oppose to the medical community making recommendations on reentry for prior service personnel but strongly opposes them making a recommendation on personnel codes not affected by a member’s medical condition. Additionally, the deputy chief, physical standards branch’s recommendation should be considered by recruiting services in whether or not to process a waiver for the applicant’s reentry and not considered when validating the applicant’s RE code. The DPSOA complete evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 5 November 2010, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit F). 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. While the reentry and separation codes assigned to the applicant, at the time, were technically correct and in accordance with the applicable regulation, the Board believes it would be an injustice for the applicant to continue to suffer its effects. It is noted that HQ AETC/SGPS recommends changing the reentry and separation codes, and the Board believes that the applicant should be afforded the opportunity to apply for a waiver to enlist in the armed services. Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to the Air Force or any branch of the service. Accordingly, we recommend his records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 25 August 2009, he was separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reentry (RE) code of 3K. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02152 in Executive Session on 14 December 2010, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02152 was considered: Exhibit A. DD Form 149, dated 17 June 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 7 July 2010. Exhibit D. Letter, AFPC/DPSOS, dated 17 September 2010. Exhibit E. Letter, AFPC/DPSOA, dated 12 October 2010. Exhibit F. Letter, SAF/MRBR, dated 5 November 2010.