RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00256

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed from “Fraudulent entry into the military” to “Erroneous” and his character of service be changed from “uncharacterized” to “general.” 

APPLICANT CONTENDS THAT:

He did not falsify his entry paperwork concerning his shoulder.  He felt he did not need to check box 12a on DD Form 2807-1, Report of Medical History, while at the Military Entrance Processing Station (MEPS) since he was not in any pain.  He assumed since he had previously served honorably in the Army and his Army medical records stated he was in excellent physical condition despite his 2008 shoulder injury in Iraq, MEPS personnel already had a copy of this documentation.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 23 Apr 14.

On 26 Sep 14, the applicant’s commander notified him of his intent to recommend his discharge for Fraudulent Entry for intentionally concealing that he had a recurrent shoulder instability which existed prior to his entry into the Air Force as evidenced by the following:

a.  On 16 Jun 14, the applicant failed the fin and mask and snorkel recovery events, for which he was issued an AF IMT 174, Record of Individual Counseling.  This derogatory data is not the basis for his discharge, but was considered.

b.  On 22 Aug 14 the applicant’s physician indicated that the applicant’s medical records documented a history of chronic left shoulder pain that was not documented on the DD Form 2807-1.  Had this condition been made known, it could have rendered the applicant ineligible to enlist in the Air Force.

On 1 Oct 14, the applicant acknowledged receipt of the action, indicating that he consulted legal counsel and submitted statements on his own behalf.

On 2 Oct 14, the action was found legally sufficient with a recommendation of entry level separation, without probation and rehabilitation.

On 4 Oct 14, the discharge authority approved the action as proposed and directed the applicant be furnished an administrative discharge for fraudulent entry. 

On 14 Oct 14, the applicant was furnished an uncharacterized discharge for entry level separation with a narrative reason for separation of fraudulent entry into military service and was credited with 5 months and 22 days of total active service. 

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/DP2STM recommends denial indicating there is no evidence of an error or an injustice.  Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  The applicant’s character of service is correct.   Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service.  Based on the information provided to the commander by competent medical authorities, discharge action for fraudulent entry was initiated and directed by the discharge authority.  Therefore, the SPD code and narrative reason for separation are correct

A complete copy of the AFPC/DP2STM 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 1 Jun 16 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 timely filed.  

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 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-2016-00256 in Executive Session on 23 Feb 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:
:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00256 was considered:

	Exhibit A.  DD Form 149, dated 19 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM-SEP, dated 1 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 1 Jun 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.