RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01760 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation “Defective enlistment-fraudulent entry” be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: He is currently a 50 percent service connected disabled veteran and his injury occurred while on active duty and not prior to service. He did not enter the Air Force fraudulently. The applicant’s submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 30 Aug 1991, the applicant entered active duty. On 26 Sep 1991, he was notified by his commander that he was recommending his discharge from the Air Force for “Concealment of Other Bars to Enlistment-Medical Conditions” in accordance with Air Force Regulation 39-10, Administrative Separation of Airman. The specific reason for this action was a medical narrative summary, dated 18 Sep 1991, which found the applicant had chronic low back pain secondary to an old compression fracture that he did not disclose on his SF Form 93, Report of Medical History, at time of enlistment. On 26 Sep 1991, the applicant acknowledged the notification and was advised of his right to consult counsel and submit statements in his own behalf. On 27 Sep 1991, the assistant staff judge advocate found the discharge legally sufficient. On 1 Oct 1991, he received an entry-level separation and a narrative reason for separation of “Defective-enlistment fraudulent entry.” He served two months and five days. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. The documentation in the applicant’s master personnel records supports the basis for the discharge and the applicant’s entry level service characterization. The applicant failed to indicate on his SF Form 93 that he had a history of recurrent back pain. Based upon the applicant’s failure to disclose his prior service medical condition, his commander recommended his discharge from the Air Force for fraudulent entry with an entry level separation. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. The complete 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 21 Jun 2013 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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 timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of 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 and adopt its rationale as the basis for our conclusion that 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. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01760 in Executive Session on 30 Jan 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Apr 2013. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPSOR, dated 5 Jun 2013. Exhibit D. Letter, SAF/MRBR, dated 21 Jun 2013. 1 2