RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00687

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Report of Separation from Active Duty, Block 
18, Record of Service, be corrected to reflect his service in 
the Air Force.


APPLICANT CONTENDS THAT:

His DD 214 has no entry of creditable service listed.  He 
petitioned to correct this error in 1975; however it was denied 
due to lack of discoverable evidence.

In support of his request, the applicant submits his DD Form 
214. 

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 Oct 
73.

On 1 Nov 74, the applicant was furnished an Under Honorable 
Conditions discharge, and was credited with no active service. 
No narrative reason was listed on his DD Form 214 for discharge. 

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSIPV recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant enlisted into the Air 
Force and entered Active Duty on 26 Oct 73 and was discharged 
1 Nov 74, Under Honorable Conditions due to Fraudulent 
Enlistment.

In accordance with DoD Financial Management Regulation, Volume 
7A, Chapter 1, paragraph 010102A, the time served in an 
enlistment that is terminated, voided or invalidated as 
fraudulent is not creditable service.  Also, AFI 36-3202, 
Separation Documents, states in Table 2, Issuing DD Form 214, 
time spent in an enlistment that is determined to be fraudulent 
and has specifically terminated by reason of fraud is not 
creditable service.  The applicant was specifically discharged 
for fraudulent enlistment terminating his enlistment.

A complete copy of the AFPC/DPSIPV 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 15 Sep 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


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 of injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the requested relief.


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-2014-00687 in Executive Session on 10 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIPV, dated 9 Apr 14.
	Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 14.