RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02212

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to honorable and the narrative reason changed from “Fraudulent Entry Into Military Service.”

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APPLICANT CONTENDS THAT:

He was advised by his recruiter to report to the MEPS station in San Antonio Texas on September 23, 1997 for a physical examination.  Upon arrival, he answered all questions and completed numerous physical agility tasks with success.

Prior to him going to the MEPS station, he advised his recruiter that as a child he suffered some form of migraine headaches.  The recruiter asks him if he was currently having headaches that were frequent and severe at this time.  He advised him he had not had a migraine headache in approximately ten years prior to their conversation.  The recruiter stated that since the headaches were not currently affecting him and had not for some time, that it was not an issue.

He started basic military training on January 28, 1998.  During training, he suffered a migraine headache and sought medication from the Wilford Hall Medical Center at Lackland Air Force Base in San Antonio Texas.  He was treated and released back to his barracks and referred to another doctor (Capt S) who had him transferred to medical hold and then discharged with an uncharacterized discharge that states “Fraudulent Entry Into Military Service.”  

In the commander’s discharge notification letter, she stated that he was untruthful when filling out the medical history forms at the MEPS center, as if he was withholding the fact that he had migraine headaches.  

However, after reviewing his copies of the forms he filled out at the MEPS center, there are no questions or mention of a question that asks if he currently suffers from migraines or has a history of migraines.  Therefore how could he had withheld information that he was not requested to supply.  He also had already told his recruiter about his childhood migraines and he had told him that it was not an issue; therefore, he did not think he had to state anything extra other than what was asked of him.  

It has now been just over five years since he has been discharged from the Air Force.  He has since become a police officer and has been for the past four years.  For the past two and a half years, he has been working for the City of Cibolo Texas as a patrolman.

In support of his appeal, the applicant submits letters of reference and DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States

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 28 January 1998 for a term of 4 years. On 4 March 1998, the applicant was involuntarily discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen (fraudulent entry into military service), with service uncharacterized and a Reenlistment Code (RE) of 2C.  He served four months and five days of inactive service.

During his third week of training, he developed incapacitating headaches with accompanying features of classic migraine headache.  The onset of headache was associated with physical training.  

A medical narrative summary dated 20 February 1998 states the applicant reported an extensive evaluation for severe headaches as a child.  Pre-service medical records were reviewed and summarized as revealing an evaluation for headaches between the age 4 and 6.5 years including computed axial scanning and electroencephalogram (EEG), the latter test, which was reported as showing abnormal activity suggestive of a focal seizure.  However, no other records of a history of seizure were noted in those incomplete records.  The applicant also reported he was treated with Midrin as an adolescent for headaches however primary medical documentation was not available for review.  

At the time of his 23 September 1997, enlistment medical examination, the applicant denied a history of frequent or severe headache on Standard Form 93, Report of Medical History.  The question regarding headache on the form is worded:  “HAVE YOU EVERY HAD OR HAVE YOU NOW: Frequently or severe headache” (the bolded phrase is followed by a list that includes a wide variety of conditions including headache).  Because the applicant’s incapacitating headaches were disqualifying for service and he did not report his pre-service history of headaches, the applicant was administratively discharged with an entry-level separation for fraudulent enlistment.

On 27 February 1998, the commander notified the member that he was being discharged for fraudulent entry into the Air Force.  Since the action was initiated within 180 days of service, it was an entry-level discharge.  Basis for the action was that the applicant concealed prior service medical condition, which if revealed, could have resulted in rejection of his enlistment.

On 27 February 1998, the applicant acknowledged receipt of the recommendation for discharge, waived his right to consult with legal counsel, and declined to submit statements.  On 2 March 1998, the commander approved the discharge and directed the type of discharge to be an entry-level separation.

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AIR FORCE EVALUATION:

BCMR Medical Consultant is of the opinion that no change in the records is warranted.  The applicant developed incapacitation migraine headaches during his third week of basic training.  Although he had a significant past history of headaches, he did not disclose this on his enlistment medical examination forms.  As a result of manifesting an existing prior to service medically disqualifying condition during training that he did not disclose at the time of enlistment, he was discharged with an entry-level separation for fraudulent enlistment.  He contends that his headaches in the ten years prior to entering service were not frequent or severe, and he innocently answered the medical screening questions to the best of his ability.

Fraudulent entry is one involving deliberate deception on the part of the member.  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 result in rejection.  The fraud may occur at any time in the enlistment process.  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.

The applicant’s commander had the option to discharge the applicant for fraudulent enlistment, erroneous enlistment, or failed medical/physical procurement standards.  A general characterization service may be given for fraudulent enlistment.  For the latter two, discharges during entry-level status result in an “uncharacterized” service characterization.

In the absence of primary medical documentation that shows that the applicant did not experience frequent or severe headaches in the time leading up to this enlistment as was indicated by his statements to Air Force doctors, the reviewer finds no evidence to support a change of records.  Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

BCMR Medical Consultant complete evaluation is at Exhibit C.

AFPC/DPPRS recommended denial and stated that airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The discharge was within the discretion of the discharge authority.

AFPC/DPPRS complete evaluation is at Exhibit D.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting a change in the reason for the applicant’s separation.  After reviewing applicant’s contention, we believe that the possibility exists that the applicant misunderstood what information was required to be noted on the Standard Form 93, Report of Medical History.  It appears that he may have requested help from his recruiter about his history of migraine headaches as a child.  Since the possibility exists that the applicant did in fact answer the questions honestly, we believe that the reason for his separation should be change to Secretarial Authority.  Therefore, recommend his records be corrected to the extent indicated below.

4.	Insufficient relevant has been presented to demonstrate the existence of an error or injustice warranting a change in his characterization of his separation.  In this respect we agree with the Air Force that an entry-level separation with uncharacterized service is used in those cases where the member has not yet completed 180 days of active service at the time separation proceedings were, for whatever reason, initiated.  Hence, an uncharacterized separation merely connotes the brevity of an individual’s membership in the service and may not, in and of itself, be viewed as a defamation of a former member’s character.

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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 28 January 1998, he was separated with an uncharacterized entry-level separation under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of "KFF".

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The following members of the Board considered AFBCMR Docket Number BC-2003-02212 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 Jul 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 19 Nov 03.
	Exhibit D.	Letter, AFPC/DPPRS, dated 18 Dec 03.
	Exhibit E.	SAF/MRBR, dated 24 Dec 03.

				

AFBCMR BC-2003-02212

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 28 January 1998, he was separated with an uncharacterized entry-level separation under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of "KFF".