RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-00598
            INDEX NUMBER:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for  separation  be  changed  from  “Fraudulent
Entry into Military Service  and  corrected  to  “Behavior  Analysis
Service (BAS)” to accurately reflect  why  he  was  discharged  with
entitlement to back pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for fraud because when asked if he had  a  “mental
condition” he said no, though he had ADHD.  He was shocked  when  he
discovered this because nowhere on the Standard Form 93  (Report  of
Medical History) was he  asked  if  he  had  ADHD  or  any  learning
disability.  Also, when he found out the basis for his discharge for
fraud was based on his answer to the question, “Have you  ever  been
treated for a mental condition,” he was  not  aware  that  ADHD  was
considered a mental condition by  the  Air  Force.   Applicant  also
states that his narrative reason for separation  is  unjust  and  in
error.

He feels that the  record  should  be  corrected  because  he  never
intentionally misled the Air Force.

Applicant indicates that he was diagnosed with ADHD during his  last
semester of high school; once he entered college  he  never  thought
about it.  He never took medication such as Ritalin, or received any
special assistance for students with  disabilities.   He  states  he
graduated with a 3.5 grade point average, cum laude status.

In support of his appeal, applicant submitted a  personal  statement
(undated), a letter from a lawyer; documentation associated with his
administrative discharge, which included a SF  Form  93  (Report  of
Medical  History),  dated  10  April  1998,  and  a  Mental   Health
Evaluation, dated 23 Jul 98; and copies of letters of admission from
two universities.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 July 1998, applicant enlisted in the Regular Air  Force  for  a
period of four years in the grade of airman first class (E-3).

On 22 July 1998, the applicant’s  squadron  commander  notified  the
applicant that he had scheduled him for an outpatient mental  health
evaluation on 23 July 1998 to determine his fitness for  duty.   The
applicant was evaluated at the Behavioral  Analysis  Service  (BAS),
Division  of  Mental   Health,   and   diagnosed   with   Attention-
Deficit/Hyperactivity Disorder, Combined Type (by history).  He  was
recommended for administrative separation.

On 31 July  1998,  squadron  commander  initiated  discharge  action
against the applicant for defective enlistment.  The reason for  the
proposed action was that applicant failed to indicate on his  SF  93
[Report  of  Medical  History]  that  he  had  been  diagnosed  with
Attention-Deficit/Hyperactivity Disorder (ADHD).  Had the Air  Force
known of this history it  could  have  rendered  him  ineligible  to
enlist.  The commander recommended that the applicant  be  given  an
entry level separation.  On that same date,  applicant  acknowledged
receipt of the discharge  notification.   He  waived  his  right  to
consult counsel and to submit statements in his own  behalf.   On  3
August 1998, the Assistant Staff Judge Advocate found the case  file
legally sufficient to support separation.

On 5 August 1998, the applicant received  an  uncharacterized  entry
level separation, by  reason  of  “Fraudulent  Entry  into  Military
Service.”

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed  the  applicant’s  request  and
stated that  the  applicant  had  been  identified  early  in  basic
training as having difficulty adjusting to  military  routines,  and
upon evaluation disclosed that he had been diagnosed  with  ADHD  in
1994.  He states that the applicant  incorrectly  equates  the  term
“mental condition” only with psychiatric disorders of major  import,
i.e., “Schizophrenia and Bipolar Disorder,”  failing  to  take  into
account myriad other conditions that are properly  and  collectively
considered mental conditions.  He further states according to AFI 48-
123, Medical Examinations and Standards,  the  governing  instrument
for service entry and continuation, Attachment 3, paragraph A3.23.4,
Specific Academic Skills Defects, a  “chronic  history  of  academic
skills or perceptual defects secondary to  organic  or  function  as
mental disorders that interfere with work or school after age 12” is
disqualifying for enlistment, as is “Current use  of  medication  to
improve or maintain academic skills (e.g., Ritadrine)…”  (While  the
applicant was prescribed such medication, he reportedly  never  used
it prior to coming into the military.)  He  indicates  that  clearly
there are mental conditions that  exist  that  are  not  related  to
psychotic disturbances only, and the applicant’s failure  to  record
this diagnosis on his enlistment medical history was improper.

He found no evidence of error or injustice in  the  recorded  reason
for discharge that would  warrant  favorable  consideration  of  the
applicant’s request and recommended that the application  be  denied
(Exhibit C).

On  11  May  2000,  the  Separations  Branch,  concurred  with   the
recommendation of the BCMR Medical Consultant that  the  applicant’s
narrative reason for separation not be changed (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant disagreed with the advisory opinion provided by  the  BCMR
Medical Consultant and offered his comments as to  why  he  believed
his  discharge  for  fraudulent   enlistment   was   arbitrary   and
capricious.

His complete statement is attached 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 probable error or injustice warranting a change  in
the reason for applicant’s separation from the Air  Force.   As  the
record stands, applicant was  separated  for  fraudulent  enlistment
because he failed to report that he had been  tested  for  a  mental
condition.   He  had   been   diagnosed   with   Attention   Deficit
Hyperactivity Disorder (ADHD) in 1994 and should have recorded  this
condition at the time of his enlistment.  Applicant  states  he  did
not report his condition as  he  did  not  consider  ADHD  a  mental
condition.  After reviewing the evidence of record, we find that his
separation was appropriate; however, we believe that his  separation
was unduly harsh.  In this regard, we note that the applicant served
less that a month in the Air Force and we do not  believe  that  his
failure to report his condition was intentional.   In  view  of  the
short period of time involved and since the possibility exists  that
the applicant misunderstood the question, we  recommend  the  reason
for his separation be changed to “Secretarial Authority.”  The above
recommended  correction  will  render  the   service   in   question
correctable and might result in payment.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to APPLICANT, be corrected to show that on 5  August  1998,
he was discharged under the provisions  of  AFI  36-3208,  paragraph
1.2, (Secretarial Authority),  with  Separation  Program  Designator
(SPD) code “KFF.”

_________________________________________________________________

The following members of the Board considered  this  application  in
Executive Session on 26 April 2001, under the provisions of AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Nancy W. Drury, Member
                 Mr. John E. Pettit, Member

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

     Exhibit A.  DD Form 149, dated 23 February 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 18 Apr 00.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 May 00.
     Exhibit E.  Letter, SAF/MIBR, dated 2 Jun 00.
     Exhibit F.  Letter, Applicant, undated.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR 00-00598





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
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  5  August
1998, he was  discharged  under  the  provisions  of  AFI  36-3208,
paragraph 1.2, (Secretarial  Authority),  with  Separation  Program
Designator (SPD) code “KFF.”






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency