RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02798
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for discharge be changed to a  medical  condition
existing prior to service and his uncharacterized discharge be changed
to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He informed his recruiter that he was previously diagnosed  as  having
an Attention Deficit Hyperactivity Disorder (ADHD) and was  prescribed
Ritalin and Adderall, which he had been taking over a long  period  of
time.  He states that he acknowledged his ADHD on an  application  and
his recruiter did  not  inform  personnel  at  the  Military  Entrance
Processing Station (MEPS).  The applicant states that  he  and  others
were rushed through the completion of papers at the MEPS  and  he  was
never asked any questions regarding ADHD.

In support of his request, applicant provided a copy of a  Recruiter’s
Application Information Packet, a copy of a Mental Health  Evaluation,
a memorandum from his doctor, a letter from his mother, a  copy  of  a
referral  form  and  a  personal  statement.    Applicant’s   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
6 March 2001 for a term of 4 years.

On 2 April 2001, the applicant's commander notified him  that  he  was
being discharged from the Air Force for an erroneous enlistment.   The
basis for the action was failure to disclose a history of  ADHD  since
childhood that required medication.  The applicant stopped taking  his
medication prior to entry onto active duty.  While on active duty  the
applicant complained of difficulty with concentration  and  attention.
A medical examination confirmed a diagnosis  of  ADHD  that  made  him
unable to function in the military environment.  His  mother  wrote  a
letter confirming his diagnosis and stated  he  had  discontinued  his
medication.  Evidence showed he disclosed his ADHD  under  a  question
regarding medication use on his recruiter’s  medical  screening  form,
but denied it in other medical screening forms.   Had  the  Air  Force
identified this prior to  his  enlistment,  he  would  not  have  been
allowed to enlist.  Applicant waived his rights to legal  counsel  and
did not submit statements.  The package  was  reviewed  by  separation
officials and found to be legally sufficient to support the discharge.
 The discharge  authority  approved  an  uncharacterized,  entry-level
separation  under  the  provisions  of  AFI   36-3208   Administrative
Separation  of  Airmen   (Erroneous   Entry-Other).    Applicant   was
discharged on 6 April 2001.  He served one (1) month and one  (1)  day
on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant
states that the applicant  had  a  history  of  ADHD  since  childhood
requiring medication through high school but not in the  approximately
one year prior to entering active duty.   The evidence does show  that
he disclosed his ADHD under a question regarding medication use on his
recruiters medical screening form, but denied any reference to  it  in
all other medical screening  forms.   His  ADHD  interfered  with  his
ability   to   complete   Basic   Military   Training   and   he   was
administratively  separated  with  an  Entry  level   Separation   for
Erroneous  Entry.   His  service  is   “uncharacterized”.    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.   Thus,  the  Air  Force  did  not
characterize his entry as fraudulent, but had the relevant facts  been
fully known, the  Air  Force  would  have  rejected  this  applicant’s
enlistment  based  on  medical  standards  for  enlistment.    Medical
Standards for enlistment  regarding  ADHD  are  found  in  AFI  48-123
Attachment 3.  Current  use  of  medication  to  improve  or  maintain
academic skills (e.g. methylphenidate hydrochloride) is disqualifying.
 Thus, although he was no longer taking Ritalin, his  ADHD  persisting
past age 12 was disqualifying for enlistment.

The Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPRS recommends denial.  Based upon  the  documentation  in  the
file, the discharge was consistent with the procedural and substantive
requirements of the discharge regulation.  Additionally, the discharge
was within the discretion of  the  discharge  authority.   Airmen  are
given entry-level separation/uncharacterized service  characterization
when separation is initiated in  the  first  180  days  of  continuous
active service.  The Department of  Defense  determined  if  a  member
served less that 180 days  continuous  active  service,  it  would  be
unfair to the member and the service  to  characterize  their  limited
service.  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.

The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
3 Jan 03, for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3. Insufficient relevant evidence has been  presented  to  demonstrate
the existence of an error or injustice in regard  to  his  request  to
have his discharge changed to an honorable.  After a  thorough  review
of the documentation  provided  in  support  of  his  appeal  and  the
evidence of record, it is our opinion that since the applicant  served
less than the required 180 days, the type of separation  was  correct.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
basis  upon  which  to   recommend   a   change   in   his   discharge
characterization.

4.  Sufficient relevant evidence  has  been  presented  to  warrant  a
change in the reason for his separation.  Based  on  the  evidence  of
record, it appears that the applicant  did  not  conceal  his  medical
problem;  however,  the  Air  Force  still  approved  his  enlistment.
Therefore, we believe that the reason  for  separation  is  incorrect.
Based on the circumstances surrounding this case, we believe that  the
reason for separation should be changed to “Disability, Existed  Prior
to Service”.  In view of the above findings, recommend his  record  be
corrected to the extent indicated below.

_________________________________________________________________

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 5 April 2001, he was found unfit to perform the duties of
his office, rank, grade, or rating  by  reason  of  attention  deficit
hyperactivity disorder, disability rating 0%, that the  findings  were
“not in the line of duty,” and  that  his  medical  condition  existed
prior to service (EPTS) without service aggravation.

      b.    On 6 April 2001, he was separated under other than Chapter
61, Title 10,  U.S.C.,  with  an  entry  level  separation  under  the
provisions of AFI 36-3212, and that he was issued a separation program
designator code of “JFM” with a narrative  reason  for  separation  of
“Disability, Existed Prior to Service (EPTS), PEB”.

_________________________________________________________________

The following members of the Board considered Docket  Number  02-02798
in Executive Session on 12 March 2003, under the provisions of AFI 36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 30 July 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 2 Dec 02.
      Exhibit D. Letter, AFPC/DPPRS, dated 19 Dec 02.
      Exhibit E. Letter, SAF/MRBR, dated 3 Jan 03.




      MICHAEL K. GALLOGLY
      Panel Chair


AFBCMR 02-02798




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:

            a. On 5 April 2001, he was found unfit to perform the duties
of his office, rank, grade, or rating by reason of attention deficit
hyperactivity disorder, disability rating 0%, that the findings were "not
in the line of duty," and that his medical condition existed prior to
service (EPTS) without service aggravation.

            b. On 6 April 2001, he was  discharged  under  other  than
Chapter 61, Title 10, U.S.C, with an entry level separation under  the
provisions of AFI 36-3212, and that he was issued a separation program
designator code of "JFM" with a narrative  reason  for  separation  of
"Disability, Existed Prior to Service (EPTS), PEB."





                                                                      JOE
                                  G. LINEBERGER

                                           Director

                                              Air Force Review Boards
                                  Agency