RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04111 COUNSEL: HEARING DESIRED: YES ______________________________________________________________ APPLICANT REQUESTS THAT: 1. His separation code of JDA, which denotes “Fraudulent Entry into Military Service,” be changed to JFV, which denotes “Conditions Not a Disability.” 2. The verbiage "not disclosed at MEPS" and "mid back pain existing prior to enlistment," be removed from his Chronological Record of Medical Care. 3. The verbiage, "you intentionally concealed a prior service medical condition,” be removed from paragraph 2 of the Notification Memorandum, dated 22 Mar 2010. 4. The verbiage, "pre-existing condition," be removed from his Basic Training Record, entry 3, dated 9 Mar 2010. 5. Any and all references that he intentionally concealed a prior service medical condition or that he had a pre-existing condition be removed from his records. ______________________________________________________________ APPLICANT CONTENDS THAT: The narrative reason for separation and the separation code are unjust and based on assumption, not facts or evidence. It mischaracterizes the events, his intent and disclosure at the Military Entrance Processing Station (MEPS), as well as his reputation of moral integrity. While at Basic Military Training (BMT), he required medical attention after an accidental blow to the groin and was unable to return to BMT until the medical issues were resolved. His separation was based on the misinterpretation of notes in his civilian medical records from an appointment made 17 months prior to his completing DD Form 2807-1, Report of Medical History, at the MEPS. Civilian medical records, X-rays, and magnetic resonance imaging (MRI) verify that he had no pre-existing conditions prior to entering the Air Force. His civilian medical documents support his response of “No,” to DD Form 2807-1, question 12c, “Have you ever had or do you now have recurrent back pain, or any back problem.” He took additional measures to verify the intent of this question with a MEPS staff member. His answers were thought out and honest. He was in a car accident in Dec 2007 and was seen by his physician. He was advised to apply heat and take ibuprofen. In Feb 2008, he again went to his physician. The sole purpose of the visit was to verify there were no recurrent medical issues prior to signing an insurance liability waiver following the car accident. In support of his request the applicant provides a personal statement, a sworn statement from his parents, copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 2807-1, Basic Training Record, and various other documents in support his request. The applicant's complete submission, with attachments, is at Exhibit A. ______________________________________________________________ STATEMENT OF FACTS: On 23 Feb 2010, the applicant enlisted in the regular Air Force. On 22 Mar 2010, his commander notified him he was recommending he be discharged under the provisions of AFI 36-3208. The specific reason for this action was he intentionally concealed a prior service medical condition, which if revealed, could have resulted in rejection of his enlistment. On 22 Mar 2010, the applicant acknowledged receipt of the discharge notification. On 25 Mar 2010, he received an entry level separation with an uncharacterized character of service. The narrative reason for separation was “Fraudulent Entry into Military Service.” He served one month and three days of total active service. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C, and D. ______________________________________________________________ THE AIR FORCE EVALUATION: HQ AETC/SGPS recommends approval in changing the applicant’s separation code. SGPS states, the separation process was done in accordance with established policy and administrative procedures. However since he now meets current medical criteria for military duty, they support a change of the applicant’s separation code. SGPS states during BMT, the applicant had thoracic back pain as a result of a groin injury and was evaluated at the base medical center. His symptoms continued and he was assigned to the medical hold unit pending resolution. During his evaluation, he disclosed he was involved in a vehicle accident two years prior to BMT, and had at least two occurrences of back pain prior to entering the military. When his symptoms didn't subside it was determined that he could not continue in BMT and was processed for an entry level separation. He did not want his case reviewed for a possible medical waiver and was separated from the military on 25 Mar 2010. Following separation he was evaluated by his private physician and showed no spinal defects, or injury and was cleared for full physical activities. Although, he was involved in a motor vehicle accident prior to entering BMT, he did not disclose this to the Chief Medical Officer at the MEPS, and feels that none of the back pain incurred in BMT was a result of the prior motor vehicle accident. The complete SGPS evaluation is at Exhibit C. HQ AFPC/DPSOS recommends denial. DPSOS states that based on the documentation in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. They concur that fraudulent enlistment was the correct basis for discharge. The complete DPSOA evaluation is at Exhibit D. ______________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The notification memorandum he received from his commander on 22 Mar 2010 was the first time he heard the term "fraudulent entry." As a trainee he did not contradict his commander and understood the document was only a recommendation. He did not pursue legal counsel as he was advised by medical personnel to accept the uncharacterized entry level separation and return home for treatment for the injury that occurred during BMT. He knew he could address the review board, should the commander's recommendation be upheld. However, he received no other notification regarding the reason for separation until he received his DD Form 214. His issue is not with the "Uncharacterized entry-level separation," it is with the separation code and narrative reason for separation which reflects a negative characterization. The SGPS advisory cited, 1 Mar 2010 "mid-back pain existing prior to enlistment that requires limitation of physical activity," is not supported by his physician’s notes dated 26 Feb 2008 through 29 May 2008, and the physician’s letter dated, 11 Jun 2010. These documents confirm he did not ever have back problems. There was only one occurrence of minor back pain on 26 Feb 2008, treated with heat and ibuprofen. A physical examination and x-ray along with a follow up visit on 7 Mar 2008 verified he did not have a back problem. His next visit on 29 Mar 2008 was for an injury to his finger. His low back pain was resolved. The SGPS advisory opinion confirms his “thoracic back pain as a result of a groin injury," which occurred during BMT. There is no history of recurrent back pain or back problems. He never had any physical restrictions regarding his back until the groin injury that resulted in thoracic back pain during BMT. Three civilian physicians, including a Specialist in Spine Surgery and General Orthopedics indicated through examination, X-rays and MRI that he did not, nor ever had a back problem or injury. Although he was treated a second time after separation for the groin injury he did not experience back problems or limitations. Based on the additional facts and documentation contained in his request, and his response, he respectfully asks the Board to correct/change his separation code and narrative reason for separation from JDA, which denotes “Fraudulent Entry" to a code of JFV, which denotes “Conditions Not a Disability” (or a current similar code) that reflects the actual reason he could not continue in BMT. His complete response, with attachments, is 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief. After reviewing the applicant’s contention, we believe the possibility exists that the applicant misunderstood what information was required to be noted on the DD Form 2807-1, Report of Medical History. It appears he may have requested help from the MEPS to verify the intent of the question. Since the possibility exists the applicant did in fact answer the questions honestly, we recommend any and all references in his record pertaining to “fraudulent enlistment" or a “preexisting condition” during the month of March 2010 be removed from his records. Furthermore, we note the applicant requests his narrative reason for separation and code be changed to JFV, “Conditions Not a Disability,” however, we believe that code KFF, which denotes Secretarial Authority is more appropriate. Therefore, we recommend his records be corrected to the extent indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ______________________________________________________________ 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 25 Mar 2010, he was separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority), with a separation program designator (SPD) code of KFF. b. Any and all reference that he intentionally concealed a prior service medical condition or that he had a preexisting condition be removed from his records. ______________________________________________________________ The following members of the Board considered Docket Number BC- 2011-04111 in Executive Session on 10 Jul 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered in AFBCMR BC-2011- 04111: Exhibit A. DD Form 149, dated 29 Sep 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 9 Dec 2011. Exhibit D. Letter, AFPC/DPSOS, dated 2 Feb 2012. Exhibit E. Letter, SAF/MRBR, dated 19 Mar 2012. Exhibit F. Letter, Applicant, dated 16 Apr 2012, w/atchs.