RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00196

		COUNSEL:  NO

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His entry-level separation with uncharacterized service be 
changed to reflect an Honorable discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

His visit to the precinct in 1987 may have been documented 
and/or processed prematurely in anticipation of him being 
charged.  He never intended to omit or misrepresent any facts in 
order for him to enlist in the Air Force.  His recruiter made it 
clear that waivers could be provided for any documented 
occurrence but he mistakenly didn’t think this incident was one 
that required a waiver.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 1 Aug 91.

On 26 Sep 91, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for fraudulent 
entry.  The specific reason for the action was that, at the time 
of his enlistment, the applicant intentionally concealed 
civilian law enforcement involvement which, if revealed, could 
have resulted in rejection of his enlistment.  

On 26 Sep 91, the applicant acknowledged receipt of the action, 
and waived his right to consult with legal counsel or submit 
statements in his own behalf.

On 27 Sep 91, the legal office found the case legally sufficient 
and, on that same date, the discharge authority directed the 
applicant be furnished an entry-level separation. 
On 1 Oct 91, the applicant was furnished an entry-level 
separation with uncharacterized service with a narrative reason 
for separation of “Defective Enlistments – Fraudulent Entry.”  

Airmen are given entry-level separation with uncharacterized 
service when separation is initiated in the first 180 days of 
continuous active service.  The Department of Defense (DoD) 
determined it would be unfair to the member and the service to 
characterize a member’s limited service when separation is 
initiated within the first 180 days of active service.

On 23 Oct 13, a request for post-service information was 
forwarded to applicant for comment within 30 days.  As of this 
date, no response has been received by this office (Exhibit C).

________________________________________________________________

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.  We took notice 
of the applicant’s complete submission in judging the merits of 
the case; however, we find no evidence of an error or injustice 
that occurred in the discharge process.  Based on the available 
evidence of record, it appears the applicant’s entry-level 
separation with uncharacterized service was consistent with the 
substantive requirements of the discharge regulation and within 
the commander’s discretionary authority.  He has provided no 
evidence which would lead us to believe the characterization of 
his service was improper or contrary to the provisions of the 
governing directive.  Therefore, in the absence of evidence to 
the contrary, we find no basis upon which to recommend favorable 
consideration of the applicant’s request.

________________________________________________________________

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-2013-00196 in Executive Session on 12 Dec 13, under 
the provisions of AFI 36-2603:

		            , Panel Chair
		            , Member
		            , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Jan 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 23 Oct 13, w/atch.
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