RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02908 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of “2C” (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to allow him to reenter the military. ________________________________________________________________ APPLICANT CONTENDS THAT: He was accused of entering the Air Force because of having “Flat Feet”. However, the only thing he was asking for was foot insoles or a new set of boots. He was subsequently issued insoles for his running shoes, but not for his boots. In support of his request, the applicant provides excerpts from his medical records, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a copy of his AF IMT 100, Request and Authorization for Separation. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force Reserve on 6 Mar 12. He received a RE code of “2C”, narrative reason for separation of “Fraudulent Entry into Military Service,” and an entry-level separation after serving 1 month and 6 days 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 B and C. ________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial. After reviewing the applicant’s records, they could not find a DD Form 2808, Report of Medical Examination, to know if his foot problem was noted during his examination. However, the applicant did check “No” on his DD Form 2807, Medical Prescreen of Medical History Report, for history of foot trouble. During Basic Military Training (BMT) he began having foot pain when wearing his boots. He went to the clinic and requested inserts to help relieve his foot pain. It was during this visit that the provider noted he did not mention this history to the Military Entrance Processing Station (MEPS) Chief Medical Officer (CMO). This medical condition is disqualifying for military service. They find the applicant’s separation was processed in accordance with established policy and administrative procedures. The complete SGPS evaluation is at Exhibit B. AFPC/DPSOA recommends denial stating the applicant received a “2C” RE code as required by the governing instructions based on his entry level separation with an uncharacterized separation. His commander directed he be discharged for Fraudulent Enlistment with an entry-level separation. The complete DPSOA evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 7 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 are not persuaded by the evidence submitted that a change in his RE code is warranted. Therefore, we agree with the opinion and recommendation 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. In the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in the application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting a change in the reason for separation. We believe some doubt has been created regarding whether the applicant enlisted in the Air Force under fraudulent circumstances. Although it appears the applicant clearly checked “No” on the DD Form 2807 regarding a history of foot trouble, we do not believe the applicant had any intent to create a fraud. While a strict interpretation of the meaning of “fraudulent enlistment” might lead one to conclude the applicant did enlist fraudulently by knowingly concealing his foot problems, we do not believe this was the case. Therefore, in the interest of equity and justice, we believe his records should be corrected to the extent indicated below. 5. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was discharged on 12 April 2012, with a narrative reason for separation of “Erroneous Entry” rather than “Fraudualent Entry into Military Service” and a separation code of “JFC” rather than “JDA” . ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02908 in Executive Session on 27 Feb 14, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Dec 13, w/atchs. Exhibit B. Letter, AETC/SGPS, dated 28 Jun 13. Exhibit C. Letter, AFPC/DPSOA, dated 24 Jul 13 Exhibit D. Letter, SAF/MRBR, dated 7 Aug 13. 1 2