RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-00254
INDEX CODE:  110.12
	XXXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXXXXX				HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT: 

His narrative reason for discharge be changed from “fraudulent entry” to “medical discharge.” 

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not intentionally conceal a history of asthma since there was some confusion if he actually had asthma.  His recruiter prompted him to change his answer from “yes” to “no” on his report of medical history, concerning his use of an inhaler.

In support of his request, the applicant provided a letter of support from his Congressman; a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; a privacy act release form, a letter from his civilian pediatrician; a copy of DD Form 2807-1, Report of Medical History; a copy of his discharge notification letter; and a copy of his response to the discharge notification.  The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 August 2002, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman for a period of four years.  On 19 August 2002, the applicant presented to the emergency room for an asthma attack.  It was discovered during his medical evaluation that the applicant had a history of asthma.  

On 4 September 2002, the applicant’s commander recommended the applicant’s discharge for fraudulent enlistment. The applicant acknowledged receipt of the recommendation and waived his options to consult legal counsel and submit statements in his behalf.  On 5 September 2002, the recommendation was found to be legally sufficient by the Attorney Advisor and approved by the discharge authority under the provisions of AFPD 36-32 and AFI 36-3208, Chapter 5, Section 5c, Defective Enlistments, Paragraph 5.15, because of Fraudulent Entry.  The applicant was discharged effective 10 September 2002 with an uncharacterized entry-level separation with a separation code JDA (fraudulent entry into military service) and a reentry code of 2C (entry level separation without characterization of service).  He had served 28 days on active duty but received no credit for this service based on the reason for his separation.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical consultant is of the opinion that no change in the applicant’s records is warranted; however, the applicant provides evidence that supports consideration for change to erroneous enlistment.  The BCMR Medical Consultant states that asthma is a chronic illness, and symptoms developing so soon after the applicant’s entry onto active duty are not evident of onset of the disease after entry.  The BCMR Medical Consultant evaluation is at Exhibit C.

AFPC/DPPRS recommends denial.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  Airmen are given an entry-level separation/uncharacterized service characterization when a separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  Therefore, the applicant’s uncharacterized character of service is correct and in accordance with DoD and Air Force Instructions.  DPPRS states that an entry-level/uncharacterized separation should not be viewed as negative and should not be confused with other types of separation.  The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that his recruiter misled him by instructing him to change his answer on the enlistment application concerning his use of an inhaler.  The applicant initially answered “yes” to the question of using an inhaler because he had used an inhaler for allergy reasons only.  When asked by the recruiter if he had asthma, the applicant responded “no” and was instructed by the recruiter to change his answer on the application from “yes” to “no.”  The applicant’s mother was a witness to this incident and has also sent a statement explaining the sequence of events.  

His goal in life has been to work in law enforcement.  He is currently enrolled in college, majoring in Criminal Justice.  Having the narrative reason of “fraudulent entry into military service” on his DD Form 214 will prevent him from getting a good job with the Government.  He requests a hearing before the Board so he can further explain what happened.  Both his and his Mother’s statements are at Exhibit F.

_________________________________________________________________

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 warranting a medical discharge.  As noted by the Chief Medical Consultant, asthma is a chronic illness, and symptoms developing so soon after applicant’s entrance on active duty, is not evidence of onset of the disease.  In addition, he reported symptoms consistent with asthma existing prior to service to the allergist.  Based on the above, we believe that the applicant’s medical condition existed prior to his entering active duty.  Therefore, he would not have been entitled to receive a medical separation from the Air Force.

4.  Notwithstanding the above determination and based on the evidence of record, we do believe that the reason for his separation should be change to “Erroneous Entry”.  In this regard, it appears that there was some confusion concerning his condition at the time he applied for enlistment.  We do not know what information his recruiter had received when the applicant was advised to change his response concerning the use of an inhaler.  In view of the circumstances surrounding his enlistment and to remove any doubt of an injustice, we believe that the more appropriated reason for his separation would be “Erroneous Entry”.  Therefore, we recommend his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the narrative reason for separation, issued in conjunction with his uncharacterized entry-level separation on 10 September 2002, was “Erroneous Entry” and the separation program designator (SPD) code was “YFC.” 

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 27 August 2003, under the provisions of AFI 36‑2603:

	Vice Chair
	Member
	Member

The following documentary evidence for AFBCMR Docket Number BC-2003-00254 was considered:

	Exhibit A.  DD Form 149, dated 24 Oct 02, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Apr 03.
	Exhibit D.  Letter, AFPC/DPPRS, dated 20 May 03.
	Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.
	Exhibit F.  Applicant’s Rebuttal, dated 23 Jun 03.

						
									Vice Chair

AFBCMR BC-2003-00254

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 XXXXX, XXX-XX-XXXX, be corrected to show that the narrative reason for separation, issued in conjunction with his uncharacterized entry-level separation on 10 September 2002, was “Erroneous Entry” and the separation program designator (SPD) code was “YFC.” 

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency