RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03327 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to change his Narrative Reason for Separation of “Fraudulent Entry” on his DD Form 214, Certificate of Release or Discharge from Active Duty. ________________________________________________________________ APPLICANT CONTENDS THAT: He did not know he had asthma prior to joining the Air Force. He jokingly explained that running, playing, and eating at the same time as a child caused him to have to catch his breath, as would any child. He successfully completed basic training and has never been in any situation where breathing was an issue prior to joining the military. He would like to re-enter the Air Force or another branch of the service. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant initially entered the Air Force on 27 Nov 01. On 17 Jan 02, as documented on his Chronological Record of Medical Care, the applicant admitted to his health provider that he has experienced shortness of breath since age 10. On 29 Jan 02, the applicant’s commander notified him that he was recommending him for discharge from the Air Force for Fraudulent Entry. The reason for the was that on or about 27 Nov 01, the applicant was sworn into the Air Force after informing the Military Entry Processing Station (MEPS) that he had no prior medical conditions. The applicant then entered Basic Military Training and was again asked if he had any changes in his military medical history or anything he did not tell the recruiter of MEPS, and the applicant checked “No” to all. The applicant falsified his Standard Form 93, Report of Medical History, by not informing MEPS he had asthma prior to joining the military, which constituted falsification of government documents. The applicant acknowledged the notification and waived his right to counsel and to submit a statement on his own behalf. On 4 Feb 02, the discharge authority directed the applicant be discharged with an Entry-level separation (ELS) for Fraudulent Entry. On 7 Feb 02, the applicant was furnished an ELS, with an uncharacterized service, a Reenty Code of 2C (Involuntary separation with Honorable discharge), a Narrative Reason for Separation of “Fraudulent Entry,” and was credited with 3 months and 17 days of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge process. The applicant falsified his Standard Form 93, Report of Medical History, by not informing the MEPS that he had asthma prior to joining the military. This constitutes falsification of government documents. 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. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Oct 12 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 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim 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. 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. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2012-03327 in Executive Session on 28 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Jul 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 19 Sep 12. Exhibit D. Letter, SAF/MRBD, dated 11 Oct 12. Panel Chair