RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00164

	COUNSEL: NONE
	
 	HEARING: NO

APPLICANT REQUESTS THAT:

His Separation Program Designator (SPD) code be changed, and his Reentry (RE) code be changed from “2C” to “3A”.

APPLICANT CONTENDS THAT:

His separation code is due to a technical error.  His Military Entrance Processing (MEPS) documents show proof of his knee surgery, but one question is checked “no” that he did not have surgery.  Reports state he was diagnosed with Plantar Fasciitis and Pes Cavus, and that he had the conditions prior to entry.  However, MEPS documents indicate his feet were normal and asymptomatic prior to entry.  He would like the error corrected so he can continue his service.  

It has been more than three years since the alleged error occurred.  His initial application was timely, but it was returned without action due to errors.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  

On 22 Sep 13, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, Chapter 5, paragraph 5.15 for fraudulent entry.  The reasons for the action were as follows:

a.	The applicant’s DD Form 2807-1, Report of Medical History, dated 10 May 12, reflects “No” in answer to question 12.f. “Foot trouble (e.g. pain, corns, bunions, etc.)”.

b.	On 3 Jul 13, the applicant was diagnosed with Plantar Fasciitis and Pes Cavus, documented on Standard Form 600, Chronological Record of Medical Care.  The diagnosing physician opined that both conditions existed prior to the applicant’s entrance into the Air Force, and recommended he be separated.

c.	On 15 Jul 13, the Air Education and Training Command Surgeon General denied the applicant’s request for a waiver and determined he was medically disqualified for continued service.

On 28 Sep 13, the separation action was determined to be legally sufficient and on 30 Sep 13, the discharge authority approved the discharge. 

On 8 Oct 13, the applicant was honorably discharged with SPD code “JDA”, RE code “2C”, and narrative reason for separation of “Fraudulent Entry Into Military Service”.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory opinions at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application. The SPD code is correct as indicated.  The commander received documentation from medical authorities indicating the applicant was diagnosed with disqualifying medical conditions, which existed prior to service, and concluded the applicant failed to disclose those conditions prior to entry.

The complete advisory is at Exhibit C.

AFPC/DP2SSM recommends denying the application.  In accordance with AFI 36-2606, Reenlistment in the United States Air Force, RE code “2C” appropriately indicates the applicant was involuntarily separated with an Honorable discharge.  None of the separation criteria applicable to RE code “3A” apply to the applicant’s situation.  

The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 6 Oct 17 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendations of AFPC offices of primary responsibility and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00164 in Executive Session on 22 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 26 Sep 17.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, dated 26 Sep 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.