RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01900 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation of “Fraudulent Entry into Military Service” be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: The injury he sustained in basic training was not related to the injury sustained prior to entering the military. It had been so long since it bothered him that when he filled out the medical forms he forgot to list the injury. He had no intention of enlisting fraudulently. In support of his request, the applicant provides excerpts from his medical records. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 28 Dec 10. The applicant’s commander notified him that he was recommending him for discharge for Fraudulent Enlistment under the provisions of AFPD 36-32- and AFI 36-3208, Chapter 5, Section 5C, Defective Enlistments, Paragraph 5.15. He acknowledged receipt of the discharge notification and waived his right to submit statements. The applicant received a narrative reason for separation of “Fraudulent Entry into Military Service” and received an entry level separation after serving over 3 months on active duty. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which is at Exhibit C and D. ________________________________________________________________ _ AIR FORCE EVALUATION: AETC/SGPS recommends denial stating the applicant claims he was unaware of any problems when he took his induction physical examination regarding the strenuous physical activity involved that re-aggravated the condition to such a degree he could not continue. Based on the applicant’s personnel file, the separation was processed in accordance with the established policy and administrative procedures. The complete SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial stating had the Air Force known about the applicant’s previous medical condition, he would have been rendered ineligible to enlist in the Air Force. Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discharge authority’s discretion. In addition, airmen are given entry level separation/uncharacterized separation when the separation is initiated in the first 180 days of continuous active service. Furthermore, the applicant has not identified any errors or injustices that occurred in processing his discharge. The complete DPSOR evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 5 Aug 13 for review and comment within 30 days. As of this date, this office has received no response. ________________________________________________________________ _ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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-2013-01900 in Executive Session on 6 Feb 14, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Apr 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 4 Jun 13. Exhibit D. Letter, AFPC/DPSOR, dated 28 Jun 13. Exhibit E. Letter, SAF/MRBR, dated 5 Aug 13. 3 4 5