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AF | BCMR | CY2001 | 0100956
Original file (0100956.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00956
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general, under honorable conditions, discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told he could request that his discharge be upgraded  at  any
time.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 Nov 51, the applicant enlisted in the Regular Air Force (RegAF)
for a period of four years in the grade of private.

On 7 Jan 52, the Senior Training Officer observed the applicant very
closely since it was brought to his attention by applicant’s  Flight
Leader that applicant had enuresis.  He stated  that  the  applicant
was incapable of absorbing  the  necessary  training  and  adjusting
himself to military life.   The  applicant’s  bed  wetting  did  not
improve over the period of four weeks in which he  was  observed  by
the Senior Training Officer  and  the  Flight  Leader.   The  Senior
Training Officer felt that applicant’s discharge  would  be  in  the
best interests of the Air Force  and  recommended  that  applicant’s
discharge from the military service be considered.  On 7 Jan 52, the
Assistant Flight Leader stated that the applicant was first  brought
to his attention when it was discovered that he had been wetting the
bed.  After closely observing the applicant,  the  Assistant  Flight
Leader came to the conclusion that it would be useless to attempt to
rehabilitate  the  applicant  for  further  military   service   and
recommended that applicant’s discharge from the military service  be
considered.  On 7 Jan 52, the Flight Leader stated that  during  the
four weeks the applicant was a member of his flight,  the  applicant
was unable to absorb the necessary training and  adjust  himself  to
military life.  He stated that the  applicant  was  brought  to  his
attention when it was discovered that he had been wetting  the  bed.
Applicant was put under close observation and his condition did  not
improve.  The Flight Leader felt the applicant’s discharge would  be
in the best interests of the Air Force.

On 9 Jan 52,  a  Medical  Corps  physician  examined  the  applicant
mentally and physically.  It was the physician’s opinion there  were
no mental or physical defects which would entitle the  applicant  to
be discharged under AFR 35-49 or 39-14.  He stated the applicant was
able to distinguish right from wrong and to  adhere  to  the  right;
that applicant had wet the bed three or four nights a week  all  his
life; and, that he had never gone for one month without wetting  his
bed.  The physician  stated  that  applicant  was  observed  in  his
previous flight for a four-week period during which his enuresis was
found to persist.  The physician recommended  the  applicant  appear
before a Board of  Officers  for  consideration  for  administrative
discharge from the Air Force  under  the  provisions  of  AFR  39-16
because of enuresis.

On 16 Jan 52, applicant signed a statement indicating  that  he  had
enuresis all of his  life  and  it  recurred  constantly  since  his
entrance into the service.  He further stated that at  the  time  he
enlisted in the Air Force, he failed  to  state  to  the  recruiting
authorities that he had a past history of enuresis and therefore  he
did fraudulently enlist in the Air Force by willfully concealing and
withholding information about his physical condition that would have
otherwise made him ineligible for military service.

On 18 Jan 52, applicant’s commander  recommended  the  applicant  be
discharged from the Air Force with a general discharge for willfully
concealing the fact that he had a past history of enuresis  and  had
wet the bed all of his life.  The commander stated that Item  38  of
applicant’s DD Form 4 (Enlistment Record) as pertains to any form of
physical ailment reads negative.  Also, the applicant  indicated  on
his Report of Medical History (Standard Form 89) under Item 19 (Have
You Ever) (Check Yes or No), in his  own  handwriting  that  he  had
never  had  enuresis,  while  the  report  of  the  medical  officer
indicates applicant stated that he had enuresis all of his life.

On 1 Feb 52, the applicant was discharged from the Air  Force  under
the provisions of  AFR  39-21  (Fraudulent  Entry  into  Air  Force-
Concealment of Physical Disqualification) in the  grade  of  private
with an under honorable  conditions  (general)  discharge.   He  was
credited with 2 months and 24 days of active service.

_________________________________________________________________


AIR FORCE EVALUATION:

The Assistant Noncommissioned Officer-in-Charge (NCOIC), Separations
Procedures  Section,  AFPC/DPPRS,  reviewed  this  application   and
indicated that, based upon  the  documentation  in  the  file,  they
believe  the  discharge  was  consistent  with  the  procedural  and
substantive requirements of the discharge regulation.  Additionally,
the discharge was within  the  sound  discretion  of  the  discharge
authority.  The  applicant  did  not  submit  any  new  evidence  or
identify any errors or injustices that  occurred  in  the  discharge
processing.  He provided no other facts warranting an upgrade of the
discharge.  Accordingly, DPPRS recommends  his  records  remain  the
same and his request be denied.

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  applicant  on
15 Jun 01 for review and response.  As of this date, no response has
been received by this office.

_________________________________________________________________

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.     Insufficient  relevant  evidence  has   been   presented   to
demonstrate the existence of probable  error  or  injustice.   After
careful consideration of the circumstances of this case, we are  not
persuaded that the discharge action was in  error  or  unjust.   The
evidence of  record  supports  the  stated  reason  for  applicant’s
discharge, i.e., concealing the fact that he had a past  history  of
enuresis.  Therefore, in our opinion, responsible officials  applied
appropriate  standards  in  effecting  the  applicant’s  involuntary
separation, and we did not find persuasive evidence  that  pertinent
regulations were violated or that applicant  was  not  afforded  all
rights to which entitled at the time of his discharge.  In  view  of
the foregoing, and in the absence of evidence to  the  contrary,  we
conclude that no basis exists to recommend favorable action  on  the
applicant’s request.

_________________________________________________________________




THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable material error  or  injustice;
that the application was denied without a personal  appearance;  and
that the application will only be reconsidered upon  the  submission
of newly discovered  relevant  evidence  not  considered  with  this
application.

_________________________________________________________________

The following members of the Board considered  this  application  in
Executive Session on 19 July 2001, under the provisions of Air Force
Instruction 36-2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Mr. Steven A. Shaw, Member
                  Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Apr 01, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 10 May 01.
     Exhibit D.  Letter, AFBCMR, dated 15 Jun 01.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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