RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01226 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His narrative reason of “fraudulent entry into military service” 
be changed. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He believes it is unjust because he served honorably in the Army 
National Guard; Army Reserves, and Regular Army. The narrative 
reason is negative and does not accurately capture his entire 
military career. The evidence submitted in support of his appeal 
is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letters prepared by the appropriate offices of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS reviewed this application and recommends denial. 
DPSOS states the applicant submitted a memorandum in which he 
apologized and took full responsibility for his actions. In the 
same memorandum, the applicant stated that if he had it to do all 
over again, he would have reported his medical issues. 

 

The DPSOS complete evaluation is at Exhibit C. 

 

The BCMR Medical Consultant reviewed this application and 
recommends denial. The Medical Consultant states the applicant 
was fully aware of his pre-existing medical condition and was 
being treated with a Continuous Positive Airway Pressure (CPAP) 


device for Obstructive Sleep Apnea (OSA) at the time of 
commissioning. The applicant did not disclose his medical 
condition at the time of entry; however, had he disclosed his OSA 
he more likely than not would have been disqualified for 
commissioning. The Medical Consultant agrees that Fraudenlent 
Entry carries a negative stigma; however, the applicant’s latest 
narrative reason for separation can only be based upon his final 
period of service. Therefore, the Medical Consultant is of the 
opinion the applicant has not met the burden of proof or an error 
or injustice that warrants a change in his narrative reason for 
separation. 

 

The BCMR Medical Consultant’s complete evaluation is at Exhibit 
D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to applicant 
on 8 Dec 10 for review and response. As of this date, no 
response has been received by this office (Exhibit E). 

 

_________________________________________________________________ 

 

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 error or injustice. After careful 
consideration of the applicant's request and the available 
evidence of record, we find insufficient evidence of error or 
injustice to warrant corrective action. The facts and opinions 
stated in the advisory opinions appear to be based on the 
evidence of record and have not been rebutted by the applicant. 
Absent persuasive evidence the applicant was denied rights to 
which entitled, appropriate regulations were not followed, or 
appropriate standards were not applied, we find no basis to 
disturb the existing record. 

 

_________________________________________________________________ 

 

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-2010-01226 in Executive Session on 19 Jan 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 Mar 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 27 Sep 10. 

 Exhibit D. Letter, BCMR Medical Consultant, dated 6 Dec 10. 

 Exhibit E. Letter, SAF/MRBR, dated 8 Dec 10. 

 

 

 

 

 

 Panel Chair