RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02798
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His narrative reason for discharge be changed to a medical condition existing prior to service and his uncharacterized discharge be changed to honorable.

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APPLICANT CONTENDS THAT:

He informed his recruiter that he was previously diagnosed as having an Attention Deficit Hyperactivity Disorder (ADHD) and was prescribed Ritalin and Adderall, which he had been taking over a long period of time.  He states that he acknowledged his ADHD on an application and his recruiter did not inform personnel at the Military Entrance Processing Station (MEPS).  The applicant states that he and others were rushed through the completion of papers at the MEPS and he was never asked any questions regarding ADHD.

In support of his request, applicant provided a copy of a Recruiter’s Application Information Packet, a copy of a Mental Health Evaluation, a memorandum from his doctor, a letter from his mother, a copy of a referral form and a personal statement.  Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 6 March 2001 for a term of 4 years.  

On 2 April 2001, the applicant's commander notified him that he was being discharged from the Air Force for an erroneous enlistment.  The basis for the action was failure to disclose a history of ADHD since childhood that required medication.  The applicant stopped taking his medication prior to entry onto active duty.  While on active duty the applicant complained of difficulty with concentration and attention.  A medical examination confirmed a diagnosis of ADHD that made him unable to function in the military environment.  His mother wrote a letter confirming his diagnosis and stated he had discontinued his medication.  Evidence showed he disclosed his ADHD under a question regarding medication use on his recruiter’s medical screening form, but denied it in other medical screening forms.  Had the Air Force identified this prior to his enlistment, he would not have been allowed to enlist.  Applicant waived his rights to legal counsel and did not submit statements.  The package was reviewed by separation officials and found to be legally sufficient to support the discharge.  The discharge authority approved an uncharacterized, entry-level separation under the provisions of AFI 36-3208 Administrative Separation of Airmen (Erroneous Entry-Other).  Applicant was discharged on 6 April 2001.  He served one (1) month and one (1) day on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states that the applicant had a history of ADHD since childhood requiring medication through high school but not in the approximately one year prior to entering active duty.   The evidence does show that he disclosed his ADHD under a question regarding medication use on his recruiters medical screening form, but denied any reference to it in all other medical screening forms.  His ADHD interfered with his ability to complete Basic Military Training and he was administratively separated with an Entry level Separation for Erroneous Entry.  His service is “uncharacterized”.  Erroneous enlistment is one that would not have occurred had the relevant facts been known by the Air Force and it was not the result of fraudulent conduct on the part of the member.  Thus, the Air Force did not characterize his entry as fraudulent, but had the relevant facts been fully known, the Air Force would have rejected this applicant’s enlistment based on medical standards for enlistment.  Medical Standards for enlistment regarding ADHD are found in AFI 48-123 Attachment 3.  Current use of medication to improve or maintain academic skills (e.g. methylphenidate hydrochloride) is disqualifying.  Thus, although he was no longer taking Ritalin, his ADHD persisting past age 12 was disqualifying for enlistment.  

The Medical Consultant’s evaluation is at Exhibit C.  

AFPC/DPPRS recommends denial.  Based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The Department of Defense determined if a member served less that 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting an upgrade of the discharge.  

The DPPRS evaluation is at Exhibit D.   

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 3 Jan 03, for review and comment within 30 days.  As of this date, this office has received no response.

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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 an error or injustice in regard to his request to have his discharge changed to an honorable.  After a thorough review of the documentation provided in support of his appeal and the evidence of record, it is our opinion that since the applicant served less than the required 180 days, the type of separation was correct.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend a change in his discharge characterization.

4.  Sufficient relevant evidence has been presented to warrant a change in the reason for his separation.  Based on the evidence of record, it appears that the applicant did not conceal his medical problem; however, the Air Force still approved his enlistment.  Therefore, we believe that the reason for separation is incorrect. Based on the circumstances surrounding this case, we believe that the reason for separation should be changed to “Disability, Existed Prior to Service”.  In view of the above findings, recommend his record be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	a.  On 5 April 2001, he was found unfit to perform the duties of his office, rank, grade, or rating by reason of attention deficit hyperactivity disorder, disability rating 0%, that the findings were “not in the line of duty,” and that his medical condition existed prior to service (EPTS) without service aggravation.

	b.	On 6 April 2001, he was separated under other than Chapter 61, Title 10, U.S.C., with an entry level separation under the provisions of AFI 36-3212, and that he was issued a separation program designator code of “JFM” with a narrative reason for separation of “Disability, Existed Prior to Service (EPTS), PEB”.

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The following members of the Board considered Docket Number 02-02798 in Executive Session on 12 March 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 30 July 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 2 Dec 02.
	Exhibit D.	Letter, AFPC/DPPRS, dated 19 Dec 02.
	Exhibit E.	Letter, SAF/MRBR, dated 3 Jan 03.

	

 
AFBCMR 02-02798

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

		a. On 5 April 2001, he was found unfit to perform the duties of his office, rank, grade, or rating by reason of attention deficit hyperactivity disorder, disability rating 0%, that the findings were "not in the line of duty," and that his medical condition existed prior to service (EPTS) without service aggravation.

		b. On 6 April 2001, he was discharged under other than Chapter 61, Title 10, U.S.C, with an entry level separation under the provisions of AFI 36-3212, and that he was issued a separation program designator code of "JFM" with a narrative reason for separation of "Disability, Existed Prior to Service (EPTS), PEB."