RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01417
		INDEX CODE:  110.02
	XXXXXXXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, narrative reason of “Fraudulent Entry into Military Service” and his separation code of “JDA” be changed to not medically qualified or other similar reason.  

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APPLICANT CONTENDS THAT:

He did not lie to his recruiter about his past history of enuresis (bed wetting).  This was an unforeseen medical/physical problem that impaired his ability to serve in the Air Force.  His childhood enuresis had resolved itself before he reached the age of ten.  He had no prior incidents until he reached basic training.  He answered truthfully on all the medical questionnaires concerning this issue.  

In support of his request, applicant provides a copy of his DD Form 214 and copies of documents associated with his administrative discharge.  

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 3 Mar 04.  

On 30 Mar 04, the applicant was seen for evaluation at the Behavioral Analysis Service (BAS) after a medical referral for evaluation of possible enuresis.  A mental health evaluation was completed by Wilford Hall Medical Center, Behavioral Analysis Service, who diagnosed the applicant as having an adjustment disorder with anxiety and enuresis, nocturnal and diurnal.  The recommendation to the commanding officer was to expeditiously process him for administrative separation. 

On 6 Apr 04, in accordance with AFPD 36-32 and AFI 36-3208, Chapter 5, Section 5CB, Defective Enlistments, paragraph 5.15, Basis for Discharge for Fraudulent Entry, the commander initiated discharge proceedings against the applicant.  The applicant was advised of his rights in this matter.  The applicant waived his right to counsel and to submit statements in his behalf.  In a legal review of the discharge case file, the deputy chief, adverse actions found it legally sufficient and recommended the applicant be discharged from the Air Force with an entry-level separation.  On 7 Apr 04, the discharge authority directed the applicant be discharged from the Air Force with an entry-level separation.  The applicant was discharged on 12 Apr 04 with a Separation Code of “JDA” and an RE code of “2C.” (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service). 

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AIR FORCE EVALUATIONS:

HQ AETC/SGPS recommends approval.  SGPS advises they support the applicant’s request to change his RE code from “fraudulent entry” to “not medically qualified.”  The AETC/SGPS complete evaluation is at Exhibit C.

AFPC/DPSOA recommends approval.  DPSOA believes the applicant did not intentionally lie about his childhood condition but believed since there was no history in the last several years the condition was resolved.  DPSOA recommends a more appropriate RE code or to change the applicants RE code to 3K – Reserved for use by the AFBMCR when no other reenlistment eligibility code applies or is appropriate.  The AFPC/DPSOA complete evaluation, with attachments, is at Exhibit D.  

AFPC/JA recommends approval.  JA advises that to label the applicant’s conduct as “fraudulent,” appears to be unsupported by the facts and is manifestly unfair.  An airman who has the medical condition of enuresis may be discharged when the commander determines that the condition interferes with the airman’s assignment or duty performance.  The AFPC/JA complete evaluation is at Exhibit E.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on 2 Nov 07 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 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 injustice.  After reviewing the evidence of record, we are persuaded that the applicant did not intentionally lie to his recruiter regarding his past history of enuresis; but, as the applicant states, he had no prior incidents until he reached basic training.  We agree with the legal advisory opinion which states that to label the applicant’s conduct as “fraudulent” appears to be unsupported by the facts.  In view of this, and to preclude any further injustice to the applicant, we believe any doubt in this matter should be resolved in his favor.  Therefore, we recommend the narrative reason for his separation and corresponding separation code be changed to reflect “Secretarial Authority.”   

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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 12 April 2004, he was discharged under the provisions of AFI 36-3208, paragraph 1-2 (Secretarial Authority), with a Separation Program Designator (SPD) Code of KFF.

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The following members of the Board considered Docket Number BC-2007-01417 in Executive Session on 18 Dec 07, under the provisions of AFI 36‑2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to Docket Number BC-2007-01417 was considered:

     Exhibit A.  DD Form 149, dated 26 Apr 04 [sic], w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AETC/SGPS, dated 16 Aug 07.
     Exhibit D.  Letter, AFPC/DPSOA, dated 27 Sep 07.
     Exhibit E.  Letter, AFPC/JA, dated 26 Oct 07.
     Exhibit F.  Letter, SAF/MRBR, dated 2 Nov 07.