RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02071
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be changed to honorable, the narrative reason changed from “Fraudulent Entry Into Military Service” and he receives back for pay and allowances.

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ALICANT CONTENDS THAT:

He did not fraudulently enlist in the Air Force.  He was instructed by Air Force representative how to respond to questions.  He had no legal representation when signing discharge papers.  His discharge for fraudulent entry was not proven, and supposedly dropped. 

In support of the appeal, the applicant submits copies of letters to his senator, a rebuttal to his letter of reprimand, a to military personnel records, DD Form 214, a summary of discharge benefits, AF Form 100, Request and Authorization for Separation and a letter from A-- D--, LCSW.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty 14 February 2002 on a guaranteed training enlistment agreement for Security Forces with a 6-year service commitment.  After completing basic military training and security forces training, the applicant was assigned to Keflavik, Iceland arriving in July 2002.  

On 21 August 2002, the applicant was seen in the Keflavik Naval Air Station Acute Care Cline on referral by his supervisor after implying suicidal ideation while talking to his supervisor, “patience has been in military for less than one year and is unhappy with “everything” in the military.  Patient “will do anything to get out of the military”… Has verbalized suicidal ideation (SI) in the past to try to get out.”  Exam reported the applicant to have normal mood and affect and the diagnostic impression was Adjustment Disorder.  He was referred for mental health evaluation and evaluated the same day by a Navy psychologist.  

The applicant was involuntarily discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen (fraudulent entry into military service), with service as general (under honorable conditions) discharge and a reenlistment code (RE) of 2C on 3 November 2002 in the grade of airman first class. He served 8 months and 20 days of total active military service.
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AIR FORCE EVALUATION:

DFAS-POCC/DE stated they are partially unable to take action to administratively provided the relief sought regarding payment of unused leave. However, a review of the applicant’s pay record reflects he separated as a result of a fraudulent enlistment.  A member whose is separated for this reason is not entitled to payment of accrued leave for 9.0 days.

However, an audit of the applicant’s pay records revealed he was due $1.59.  A check was forwarded to the applicant in this amount.

DFAS-POCC/DE complete evaluation is at Exhibit C.

BCMR Medical Consultant states although action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law, the applicant presents evidence suggesting there is some doubt as to whether he willfully and fraudulently concealed his medical history to the degree to have warranted discharge for fraudulent entry.  The BCMR Medical Consultant is of the opinion the Board may reasonably consider the alternative bases for discharge as either erroneous enlistment or adjustment disorder.

BCMR Medical Consultant complete evaluation is at Exhibit D.

AFPC/DPPRS states the discharge was consistent with the procedural requirements of the discharge regulation, but based on the lack of documentation in the master personnel records, they defer to the advisory provided by the medical consultant.  If the Board should grant the relief sought by the applicant, his reason for separation should be changed to “Secretarial Authority”, with a Separation Program Designator (SPD) of “KFF.”

AFPC/DPPRS complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 24 December 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 an error or injustice.  After reviewing the applicant’s records and noting his contentions, we agree with the opinion and recommendation of the AFBCMR Medical Consultant that the applicant's narrative reason for separation and separation code should be changed.  In this respect, the Medical Consultant indicated although action and disposition in the case are proper and equitable reflecting compliance with Air Force directives that implement the law, the applicant presented evidence that suggested there is some doubt as to whether he willfully and fraudulently concealed his medical history to the degree to have warranted discharge for fraudulent entry.  However, the applicant did not substantiate, to our satisfaction, his assertion that he is any better able to cope with the circumstances that caused his separation and which could very conceivably resurface should he reenlist.  Therefore, we believe his narrative reason and the corresponding SPD code should be changed, but his RE code should remain unchanged.  Further, we believe that under the given circumstances of this case, characterization of his discharge as general is particularly harsh and recommend that the characterization of his service be upgraded to honorable.  In view of the above changes he should be automatically entitled to the pay allowances that he was not previously authorized.  Accordingly, we recommend his records be corrected as indicated below.

4.	The documentation provided with this case was sufficient to give the Board a clear understanding of the issues involved and a personal appearance, with or without legal counsel, would not have materially added to that understanding.  Therefore, the request for a hearing is not favorably considered.

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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 3 November 2003, he was honorably discharged under the provisions of AFI 36-3208, Secretarial Authority, with a Separation Program Designator code of “KFF,” and was furnished an Honorable Discharge certificate.

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The following members of the Board considered AFBCMR Docket Number BC-2003-02071 in Executive Session on 17 February 2004, 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 15 Jun 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	DFAS-POCC/DE, dated 9 Sep 03.
	Exhibit D.	Letter, BCMR Medical Consultant, dated 17 Nov 04.
	Exhibit E.	Letter, AFPC/DPPRS, dated 17 Dec 03.
	Exhibit F.	SAF/MRBR, dated 24 Dec 03.

				

AFBCMR BC-2003-02071

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction for 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 on 3 November 2003, he was honorably discharged under the provisions of AFI 36-3208, Secretarial Authority, with a Separation Program Designator code of “KFF,” and was furnished an Honorable Discharge certificate.