RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00594

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, block 24, Character of Service be changed from uncharacterized to general (Under Honorable Conditions) and block 28, Narrative Reason for Separation be changed from “Fraudulent into Military Service” [sic] to an unspecified reason.   

APPLICANT’S CONTENTIONS

In 2002, after being hospitalized for a severe headache, he was discharged due to chronic/migraine headaches and told by military officials that he had concealed the condition prior to enlisting into the Air Force, although he had never been diagnosed as suffering from migraine headaches.  His family doctor, from birth up until the time of entering the Air Force, confirms he was never treated for migraines.  On the recommendation of a Department of Veterans Affairs (DVA) representative, he waited to apply to the BCMR until a decision was made by the DVA to grant him service- connection for migraine headaches.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic (E-1).

On 6 Jul 01, according to DD Form 2807, Report of Medical History, the applicant indicated he never had or was currently having frequent or severe headaches by checking “no” in block 15b.

On 16 Jul 01, according to DD Form 4, Enlistment/Reenlistment Document, the applicant entered the delayed entry program and on 2 Jan 02, he enlisted in the Regular Air Force for a period of six years. 

On 22 Feb 02, according to SF 600, Chronological Record of Medical Care, a military physician non-recommended the applicant for reentry and indicated the applicant’s migraine headaches existed prior to enlistment at age 17 years and that he did not inform the Military Entrance Processing Station (MEPS) of the condition.

On 3 Mar 02, according to AF Form 422, Physical Profile Serial Report, the applicant was medically cleared for separation.

On 18 Mar 02, according to DD Form 214, the applicant was given an entry-level separation with uncharacterized service for fraudulent entry into the military, and credited with 2 months and 13 days of active service.

According to a DVA Rating Decision Letter, dated 16 Mar 18, provided by the applicant, he was granted service-connection for migraine headaches with a 30 percent disability rating, effective 27 Jul 17.  Subsequently, on 4 Dec 18, the disability rating was increased to 50 percent, effective the same date.  

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-3208, Administrative Separation of Airmen, paragraph 1.19.1. Entry Level Separation. 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.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the application.  Based on the presumption of regularity and review of the applicant’s request, there is no error or injustice with the discharge processing.  The discharge package is absent from the applicant’s record.  In accordance with AFI 36-3208, paragraph 5.15, “An airman may be discharged for fraudulent entry based on the procurement of a fraudulent enlistment or period of military service through any deliberate, material misrepresentation, omission, or concealment that, if known at the time of enlistment or entry into a period of military service, might have resulted in rejection.  The fraud may occur at any time in the enlistment process; for example, when airmen are asked to fill out forms.”  Based on the presumption of regularity, the base discharge authority would have been provided evidence of misrepresentation on the part of the applicant and directed discharge.  Airmen are in entry level status when they are in the first 180 days of continuous active service.  The Department of Defense determined it was unfair to both the airmen and the service to characterize such a short period of service.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 22 Mar 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.   After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSR and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-00594 in Executive Session on 14 Jun 21:

Panel Chair
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Sep 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 19 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 Mar 21.

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

							___________________________
							Board Operations Manager, AFBCMR