RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03811
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for his separation, listed in Block 28 of the  DD
Form 214, Certificate of Release or Discharge  from  Active  Duty,  of
Fraudulent Entry into Military Service be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not deceive the Air Force by enlisting  fraudulently.   He  was
discharged on the  basis  of  not  reporting  a  history  of  migraine
headaches at his enlistment.  He contends that he never experienced  a
migraine headache that was as bad as  the  one  he  experienced  after
being given the spinal tap by Wilford Hall Medical Center personnel.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and letters from his father, a pediatrician,  an  internist,
and his current employer stating that the applicant has never suffered
from migraine headaches.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 May 2002.  On 27
June 2002, while still attending basic military  training  (BMT),  the
applicant was notified that his commander  was  recommending  him  for
separation under the auspices of Air Force Instruction (AFI)  36-3208,
Fraudulent Entry.  Applicant was notified of his rights to counsel and
to submit statements in his behalf.  He acknowledged  receipt  of  the
notification memorandum and waived his rights to counsel and to submit
statements.  A legal review of the administrative discharge  found  it
legally sufficient.  He was discharged on 18 September  2002  with  an
entry-level separation, as he had not  completed  his  first  term  of
service.  His character of service was uncharacterized as he  had  not
served over 180 days.   Since  he  was  discharged  for  a  fraudulent
enlistment, the 45 days he served were not creditable.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  reviewed  this  case  and  states  that
although action and disposition in this case are proper and  equitable
reflecting compliance with Air Force  directives  that  implement  the
law, evidence presented  by  the  applicant  suggests  that  erroneous
enlistment entry or  failed  physical  standards  may  more  equitably
describe the reason for discharge  and  that  a  label  of  fraudulent
enlistment may be too harsh.  Though the applicant admits to a history
of headaches during his teenage years, occasionally severe  enough  to
require him to go to bed, and he admits  to  seeing  a  physician  for
headaches as a teen,  he  states  that  he  had  never  been  formally
diagnosed as experiencing migraine headaches  prior  to  entering  the
service.  He admits to headaches almost monthly prior to his  entering
the  service  but  that  the  headaches  were  not  as  severe  as  he
experienced after entering active duty.  The BCMR  Medical  Consultant
suggests that had  the  applicant  reported  the  headaches  prior  to
enlistment and described the headaches as he does, he  probably  would
have been accepted for entry onto active  duty.   His  discharge  then
would  have  reflected  either  erroneous  entry  or  failed  physical
standards.

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

AFPC/DPPRS  reviewed  this  application  and  defers  to  the  Board’s
determination on whether or not the applicant’s narrative  reason  for
discharge should be changed..  However, based on 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.

DPPRS’s complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
30 May 2003 for review and comment within 30 days.  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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or  injustice.   After  reviewing  the  applicant’s
submission and the evidence of record, we find that the applicant  did
not  intentionally  enlist  fraudulently.   Therefore,  we  find   the
narrative  reason  for  discharge,  Fraudulent  Entry  into   Military
Service, to be excessively harsh and not representative of the  facts.
Accordingly, we recommend that the applicant’s records be corrected as
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 on    5 July 2002 he was separated
with an uncharacterized entry-level separation with a separation code of
JFC and a narrative reason for separation of “Erroneous Entry.”

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 July 2003, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Marilyn Thomas, Member
      Mr. Grover L. Dunn, Member

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

    Exhibit A.  DD Form 149, dated 29 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 2 Apr 03.
    Exhibit D.  Letter, AFPC/DPPRS, dated 19 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.




                                   BRENDA L. ROMINE
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary


BC-2002-03811




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 APPLICANT, be corrected to show that on 5 July 2002, he
was separated with an uncharacterized entry level separation with a
separation code of JFC and a narrative reason for separation of
“Erroneous Entry.”







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency