DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

QCT2 11998 

Office of the Assistant Secretary 

AFBCMR 97-02355 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for 

Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code (70A Stat 1 16), it is directed that: 

military records of the Department of the Air  Force relating to- 
be  corrected  to  show that  the  narrative reason  for  separation, issued  in 
ntry Level Separation on 28 October 1994 was “Erroneous Entry - Other,” 

and the separation program designator (SPD) code was “JFC.” 

‘ 

Air Force Review Boards Agency 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97-02355 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

APPLICANT REOUESTS THAT: 

His narrative reason for separation be changed and, his discharge 
be changed to honorable. 

APPLICANT CONTENDS THAT: 
The reasons the applicant believes the records to be  in error or 
unjust and the evidence submitted in support of the appeal are at 
Exhibit A. 
Applicant's submission is attached at Exhibit A .  

STATEMENT OF FACTS: 

The 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 Office of 
Primary Responsibility  (OPR) .  Accordingly, there is no need  to 
recite these facts in this Record of Proceedings. 

AIR FORCE EVALUATION: 

The  Chief  Medical  Consultant,  AFBCMR,  Medical  Advisor  SAF 
Personnel Council, states that from review of available records, 
it  appears  that  the  applicant  had  been  truthful  with  his 
recruiter in initially revealing his history of childhood asthma, 
as  the  note  from  his  physician's  office,  dated  3  May  1994, 
clearly  indicates  that  he  sought  out  the  required  information 
that  was  apparently  asked  f o r   by  the  recruiter.  If, as  the 
applicant contends, the recruiter then had him fill out a second 
medical  history  form concealing this history of  early childhood 
asthma,  the  applicant  should  not  have  been  considered  a 
fraudulent entry, but rather an erroneous entry level separation 
should have been  the reason for his dismissal.  It  seems clear 
that the applicant did not willfully falsify his records to gain 

entry  into  the  military  under  fraudulent  pretenses,  but  was 
prompted  in  this  direction  by  a  zealous recruiter.  The  BCMR 
Medial Consultant is of  the opinion that the DD Form 2 1 4   should 
be changed. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C. 

The Military Personnel Management Specialist, Separations Branch, 
HQ AFPC/DPPRS, states that they concur with the recommendation of 
the AFBCMR  Medical  Consultant  that  the  applicant did  not  enter 
the Air  Force through fraud since he  did not  conceal a medical 
history. 
AFPC/DPPRS  recommends  the  applicant's  records  be 
corrected  by  changing  the  Separation  Program  Designator  (SPD) 
code  to  ''JFC" and  the  reason  for  separation  be  changed  to 
"Erroneous Entry  (Other) . ' I  
However, they do not  recommend the 
applicant's discharge be  changed to  honorable  since  airmen are 
given 
service 
characterization when separation action is initiated against them 
in the first 180 days of continuous active service. 
A copy of the Air Force evaluation is attached at Exhibit D. 

separation/uncharacterized 

entry 

level 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Copies  of  the  Air  Force  evaluations  were  forwarded  to  the 
applicant on 15 December 1 9 9 7   f o r   review and response within 30 
days.  As  of  this date, no response has been  received by  this 
off ice. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 

2.  The application was timely filed. 
3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice 
warranting  partial  relief. 
It  appears  that  prior  to  the 
applicant's  enlistment  into  the  Air  Force,  his  recruiter 
indicated a statement was needed from his  (applicant's) physician 
that he had no problems with asthma after the age of 12 years of 
age.  The  applicant  obtained  the  medical  statement  from  his 
physician  which  is dated  3  May  1 9 9 4   and  the  enlistment became 
official  on  14  September  1 9 9 4 .  
Applicant  states  that  the 
recruiter  then  had  him  fill  out  a  new  medical  history  form 
concealing the history of his early childhood asthma.  We agree 
with  the  BCMR  Medical  Consultant  that  the  applicant  did  not 
willfully  falsify  his  records  to  gain  entry  into  the  military 

2 

under  fraudulent pretenses.  Therefore, in an effort to remove 
any possibility of an injustice to the applicant, we believe his 
reason  for  separation  should  be  changed  and  his  records  be 
corrected to the extent indicated below. 

4 .   Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice with 
regard  to  applicant's request  for  an honorable  discharge.  We 
note that he served just over one month of active service at the 
time his commander recommended separation action.  As  stated by 
level 
HQ 
separation/uncharacterized  when  separation  action  is  initiated 
against them in the first 1 8 0   days of continuous active service. 
Therefore, we find no error or injustice to the applicant and do 
not recommend favorable action to this portion of his request. 

AFPC/DPPRS , 

airmen 

an 

entry 

are 

given 

THE BOARD RECOMMENDS THAT: 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be  corrected to  show that the narrative 
reason for separation, issued in conjunction with his Entry Level 
Separation on 2 8   October 1 9 9 4 ,   was IIErroneous Entry -  Other,Il and 
the separation program designator (SPD) code was "JFC. 

The following members of the Board considered this application in 
Executive Session on  3  September 1 9 9 8 ,   under  the provisions  of 
AFI 3 6 - 2 6 0 3 :  

Mr. Henry C. Saunders, Panel Chair 
Mr. Joseph G. Diamond, Member 
Ms. Peggy E. Gordon, Member 

All  members voted  to  correct  the  records, as recommended.  The 
following documentary evidence was considered: 

Exhibit A. 
Exhibit B. 
Exhibit C. 
Exhibit D. 
Exhibit E.  Letter, AFBCMR, 

DD Form 1 4 9 ,   dated 9  Sep 97,  w/atchs. 
Applicant's Master Personnel Records. 
Letter, BCMR Medical Consultant, dated 3  Nov 9 7 .  
Letter, HQ AFPC/DPPRS, dated 24  Nov 9 7 .  

E 

3 Nov 97 
97-02355 

MEMORANDUM FOR AFBCMR 

FROM:  BCMR Medical Consultant 

1535 Command Drive, EE Wing, 3rd Floor 
Andrews AFB MD  20762-7002 

SUBJECT: 

Applicant's entire case file has been reviewed and is forwarded with the following findings, 

conclusions and recommendations. 

REQUESTED ACTION:  Applicant was given an entry level separation under provisions of 
AFR 36-10 Section C, Para. 5-15 on 28 Oct 94 for fraudulently withholding medical information 
on his enlistment history and physical examination form.  He served only 1 month and 15 days 
of basic training.  He requests a change of his records to reflect an Honorable discharge rather 
than the Uncharacterized designation he now carries. 

FACTS:  Applicant contends that in the course of his filling out medical forms for enlistment 
he was told by his recruiter that a history of asthma would disqualify him from service and that 
he needed a statement from his private doctor that he had no problems with this disease after 
age 12.  Records show that applicant's mother phoned his physician on 3 May 94 and was told 
there was no evidence of asthma after 1990 when the applicant was then 16 years old.  The 
applicant states he furnished this information to his recruiter who then had him fill out a new 
medical history form on which he denied a history of asthma.  When he suffered from a reactive 
airway attack in basic training, the applicant's prior history of childhood asthma was discovered, 
and his separation followed as due to fraudulent entry. 

DISCUSSION:  From review of available records it appears that the applicant had been 

truthful with his recruiter in initially revealing his history of childhood asthma, as the note from 
his physician's office dated 3 May 94 clearly indicates he sought out the required information 
that was apparently asked for by the recruiter.  If, as the applicant contends, the recruiter then 
had him fill out a second medical history form concealing this history of early childhood asthma, 
the applicant should not have been considered a fraudulent entry but rather an erroneous entry 
level separation should have been the reason for his dismissal.  It seems clear that the 
applicant did not willfully falsify his records to gain entry into the military under fraudulent 
pretenses, but was prompted in this direction by a zealous recruiter. 

3 

Page 2 (Cont’d) 

AFBCMR Case # 97-02355 

RECOMMENDATION:  The BCMR Medical  Consultant is of the opinion that the DD Form 

214 should have block 28 changed to read: Erroneous Entry into Military Service under 
provisions of AFR 36-1 0,  Section C, Para. 5-1 4.  This still warrants an Uncharacterized 
character of service discharge as it occurred within the first six months of the applicant’s military 
service, and, therefore, no change in the  character of service or RE Code should be made. 

FkDERICK W. HORNICK, Col., USAF, MC, FS 
Chief Medical Consultant, AFBCMR 
Medical Advisor SAF Personnel Council 

DEPARTMENT OF THE AIR FORCE 

J~EADOUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE TEXAS 

- 

NOV  2 4  1997 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPRS 

550 C Street West Ste 11 
Randolph AFB TX 78 150-471 3 

SLYBJECT:  Application for Correction of Military Records 

The applicant, while sewing in the grade ofairman basic, was separated from the Air Force 28 
Oct 94 under the pro\.isions of AFR 39-10 (Entry level Separatioflraudulent Entry into Military 
Scrkice) \\it11  an uncharacterixd discharge. He served 01 month and 04 days total active service. 

Requested Action.  The applicant is requesting that his discharge be changed to honorable.  He 

also contends that the “fraudulent enlistment” is not correct.  He states he was open and honest 
with his recruiter and told him he had a history of asthma when he was a child.  He states the 
recruiter had him complete the medical history forms and not list his prior medical condition 
with asthma.  The advisory provided by the AFBCMR Medical Consultant, 03 Nov 97 gives 
information concerning  applicant’s medical condition at the time of his enlistment.. 

RecommenJation.  We concur with the recommendation of the AFBCMR Medical Consultant 

that applicant did not enter the Air Force through fiaud since he did not conceal a medical 
history.  b.’c recommend AFBCMR direct applicant’s SPD code be change to “JFC” and the 
reason  for separation be changed to “Erroneous Entry (Other).”  However, we do not recommend 
that his discharge be upgraded to honorable since airmen are given entry level 
sttp,~r~~tion!’iinc.i~lidracterircd 
thcm in thc iil\!  i  80 4‘1)  s of continuous active service.  He has filed a timely request. 

scrk ice characterization when separation action is initiated against 

Military Personnel Mgmt Spec 
Separations Branch 
Dir of Personnel Program Management