RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02332
		INDEX CODE:  110.02
	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  1 MAR 06

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APPLICANT REQUESTS THAT:

Her narrative reason for separation “Fraudulent Entry Into Military Service” be changed.

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APPLICANT CONTENDS THAT:

She believes her discharge was unjust because she was never given a diagnosis by any civilian doctor.  However, she was given more than one diagnosis by her military doctors. None of the diagnosis were said to be an irritable bowel syndrome. She was told she should be checked for endometriosis in which you cannot tell if you have it. 

She thinks she should not have a fraudulent entry because she did not have a diagnosis prior to entering the military. She only had the pains during her monthly cycle. You cannot determine if a person has endometriosis unless they have surgery. While under a stressful environment, her pains became regular. This stressful environment was basic military training.  She only asks her records be cleared because she did not know that there was really anything wrong with her.  

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 1 June 2004 for a term of six years. 

The applicant’s service medical records are not available for review except for limited entries present in the personnel file. The applicant’s basic training record indicates the applicant was seen in sick call on 7 June 2004 and placed on administrative hold by medical personnel. An overprint medical progress document 30 June 2004 recommended administrative separation for erroneous enlistment for a condition that existed prior to service. The medical record entry notes the patient was symptomatic prior to entering service but that no diagnosis had been made. Civilian medical records were not available for review at that time. 

On 6 July 2004, the applicant’s commander initiated administrative discharge for fraudulent entry, stating the applicant had intentionally concealed a prior service medical condition, which if revealed could have resulted in rejection of her enlistment. 

The applicant acknowledged receipt of the notification of discharge and, after consulting with legal counsel waived her right to submit statements in her own behalf.  The base legal office reviewed the case and found it legally sufficient to support separation and recommended applicant be discharged with an entry level separation. On 7 July 2004, the discharge authority approved the recommended discharged and directed the applicant be discharged for the reasons recommended by his commander.

On 9 July 2004, 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.  She served 1 month and 9 days of total active military service.

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AIR FORCE EVALUATION:

BCMR Medical Consultant is of the opinion that no change in the records is warranted.  The applicant was administratively discharged with an entry level separation due to a medical problem existing prior to service that interfered with training, the symptoms of which she concealed at the time of her enlistment medical examination. During enlistment medical screening, determination of medical qualification is not based solely on established medical diagnoses, but also on symptoms an enlistee may have or may have had in the past. The integrity of the medical screening process depends on the honesty of individuals when responding to questions on screening forms that inquire about symptoms as well as diagnoses and prior treatments and consultations with medical professionals. 

The absence of complete service medical records as well as pre-service civilian medical records limits evaluation of the applicant’s symptoms and medical evaluations pre-service and in service and therefore limits making an assessment of the nature and degree of seriousness of her statements. The preponderance of the evidence of the available records shows that she concealed pre-service gynecologic symptoms that subsequently formed the basis for her discharge. Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law. 

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.

BCMR Medical Consultant’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 9 June 2005 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 error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, the majority of the Board is of the opinion there was no deliberate deception on the part of the applicant upon her entry into the Air Force. Therefore, the majority of the Board finds the narrative reason for discharge, Fraudulent Entry into Military Service, to be excessively harsh and not representative of the facts.  Accordingly, the majority of the Board recommends that the applicant’s records be corrected as indicated below.

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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 9 July
2004, she 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 “JFF.”.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02332 in Executive Session on 7 July 2005, under the provisions of AFI 36-2603:

By a majority vote, the Board recommended granting the applicant’s request.  Ms. XXXXXXXX voted to deny; but does not wish to submit a minority report.

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jul 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  BCMR
 Medical Consultant, dated 5 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 05.

AFBCMR BC-2004-02332

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 XXXXXXX, XXXXXXX, be corrected to show that on 9 July 2004, she 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 “JFF.”