RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03811
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

The narrative reason for his separation, listed in Block 28 of the DD Form 214, Certificate of Release or Discharge from Active Duty, of Fraudulent Entry into Military Service be changed.

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APPLICANT CONTENDS THAT:

He did not deceive the Air Force by enlisting fraudulently.  He was discharged on the basis of not reporting a history of migraine headaches at his enlistment.  He contends that he never experienced a migraine headache that was as bad as the one he experienced after being given the spinal tap by Wilford Hall Medical Center personnel. 

In support of his appeal, the applicant has provided a personal statement and letters from his father, a pediatrician, an internist, and his current employer stating that the applicant has never suffered from migraine headaches.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 May 2002.  On 27 June 2002, while still attending basic military training (BMT), the applicant was notified that his commander was recommending him for separation under the auspices of Air Force Instruction (AFI) 36-3208, Fraudulent Entry.  Applicant was notified of his rights to counsel and to submit statements in his behalf.  He acknowledged receipt of the notification memorandum and waived his rights to counsel and to submit statements.  A legal review of the administrative discharge found it legally sufficient.  He was discharged on 18 September 2002 with an entry-level separation, as he had not completed his first term of service.  His character of service was uncharacterized as he had not served over 180 days.  Since he was discharged for a fraudulent enlistment, the 45 days he served were not creditable.
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AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this case and states that although action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law, evidence presented by the applicant suggests that erroneous enlistment entry or failed physical standards may more equitably describe the reason for discharge and that a label of fraudulent enlistment may be too harsh.  Though the applicant admits to a history of headaches during his teenage years, occasionally severe enough to require him to go to bed, and he admits to seeing a physician for headaches as a teen, he states that he had never been formally diagnosed as experiencing migraine headaches prior to entering the service.  He admits to headaches almost monthly prior to his entering the service but that the headaches were not as severe as he experienced after entering active duty.  The BCMR Medical Consultant suggests that had the applicant reported the headaches prior to enlistment and described the headaches as he does, he probably would have been accepted for entry onto active duty.  His discharge then would have reflected either erroneous entry or failed physical standards.

The BCMR Medical Consultant’s complete evaluation is attached at Exhibit C.

AFPC/DPPRS reviewed this application and defers to the Board’s determination on whether or not the applicant’s narrative reason for discharge should be changed..  However, based on 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. 

DPPRS’s complete evaluation is attached 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 30 May 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the applicant’s submission and the evidence of record, we find that the applicant did not intentionally enlist fraudulently.  Therefore, we find the narrative reason for discharge, Fraudulent Entry into Military Service, to be excessively harsh and not representative of the facts.  Accordingly, we recommend that the applicant’s records be corrected as 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 on    5 July 2002 he was separated with an uncharacterized entry-level separation with a separation code of JFC and a narrative reason for separation of “Erroneous Entry.”

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The following members of the Board considered this application in Executive Session on 1 July 2003, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Oct 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 2 Apr 03.
    Exhibit D.  Letter, AFPC/DPPRS, dated 19 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.

                                   

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

BC-2002-03811

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 APPLICANT, be corrected to show that on 5 July 2002, he was separated with an uncharacterized entry level separation with a separation code of JFC and a narrative reason for separation of “Erroneous Entry.”