RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-00254
                                       INDEX CODE:  110.12
      XXXXXXXXXXXXXXXXXXXX              COUNSEL: NONE

      XXXXXXXXXXXXXX                    HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for discharge be changed  from  “fraudulent  entry”  to
“medical discharge.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not intentionally conceal a history of asthma since  there  was  some
confusion if he actually had asthma.  His recruiter prompted him  to  change
his answer from “yes” to “no” on his report of medical  history,  concerning
his use of an inhaler.

In support of his request, the applicant provided a letter of  support  from
his Congressman; a copy of his  DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty; a privacy act release form, a  letter  from  his
civilian pediatrician; a copy of DD Form 2807-1, Report of Medical  History;
a copy of his discharge notification letter; and a copy of his  response  to
the discharge notification.   The  applicant’s  complete  submission  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 August 2002, the applicant enlisted in the Regular Air  Force  at  the
age of 19 in the grade of airman for a period of four years.  On  19  August
2002, the applicant presented to the emergency room for  an  asthma  attack.
It was discovered during his medical evaluation that  the  applicant  had  a
history of asthma.

On 4 September 2002, the applicant’s commander recommended  the  applicant’s
discharge for fraudulent enlistment. The applicant acknowledged  receipt  of
the recommendation and waived his  options  to  consult  legal  counsel  and
submit statements in his behalf.  On 5 September  2002,  the  recommendation
was found to be legally sufficient by the Attorney Advisor and  approved  by
the discharge authority under the provisions of AFPD 36-32 and AFI  36-3208,
Chapter 5, Section 5c, Defective Enlistments,  Paragraph  5.15,  because  of
Fraudulent Entry.  The applicant was discharged effective 10 September  2002
with an uncharacterized entry-level separation with a  separation  code  JDA
(fraudulent entry into military service) and a reentry  code  of  2C  (entry
level separation without characterization of service).   He  had  served  28
days on active duty but received no credit for this  service  based  on  the
reason for his separation.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical consultant  is  of  the  opinion  that  no  change  in  the
applicant’s records is warranted; however, the applicant  provides  evidence
that supports consideration for change to erroneous  enlistment.   The  BCMR
Medical Consultant states that asthma is a  chronic  illness,  and  symptoms
developing so soon after the applicant’s entry  onto  active  duty  are  not
evident of onset of the disease after entry.  The  BCMR  Medical  Consultant
evaluation is at Exhibit C.

AFPC/DPPRS recommends denial.  DPPRS states  the  discharge  was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation and  was  within  the  discretion  of  the  discharge  authority.
Airmen  are  given   an   entry-level   separation/uncharacterized   service
characterization when a separation is initiated in the  first  180  days  of
continuous active service.  The Department of Defense (DoD) determined if  a
member served less than 180 days continuous  active  service,  it  would  be
unfair to the member and the service to characterize their limited  service.
 Therefore, the applicant’s uncharacterized character of service is  correct
and in accordance with DoD and Air Force Instructions.   DPPRS  states  that
an entry-level/uncharacterized separation should not be viewed  as  negative
and should not be confused  with  other  types  of  separation.   The  DPPRS
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that his recruiter misled him  by  instructing  him  to
change his answer on the enlistment application concerning  his  use  of  an
inhaler.  The applicant initially answered “yes” to the  question  of  using
an inhaler because he had used an inhaler for allergy  reasons  only.   When
asked by the recruiter if he had asthma, the applicant  responded  “no”  and
was instructed by the recruiter to change  his  answer  on  the  application
from “yes” to “no.”  The applicant’s mother was a witness to  this  incident
and has also sent a statement explaining the sequence of events.

His goal in life has been to work  in  law  enforcement.   He  is  currently
enrolled in college, majoring in Criminal  Justice.   Having  the  narrative
reason of “fraudulent entry into military service” on his DD Form  214  will
prevent him from getting a good job with  the  Government.   He  requests  a
hearing before the Board so he can further explain what happened.  Both  his
and his Mother’s statements are 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or  injustice  warranting  a  medical  discharge.   As
noted by the Chief Medical Consultant, asthma  is  a  chronic  illness,  and
symptoms developing so soon after applicant’s entrance on  active  duty,  is
not evidence of onset of the disease.  In  addition,  he  reported  symptoms
consistent with asthma existing prior to service to  the  allergist.   Based
on the above, we believe that  the  applicant’s  medical  condition  existed
prior to his entering active  duty.   Therefore,  he  would  not  have  been
entitled to receive a medical separation from the Air Force.

4.  Notwithstanding the above determination and based  on  the  evidence  of
record, we do believe that the reason for his separation  should  be  change
to “Erroneous Entry”.  In this  regard,  it  appears  that  there  was  some
confusion concerning his condition at the time he  applied  for  enlistment.
We do not  know  what  information  his  recruiter  had  received  when  the
applicant was advised to change  his  response  concerning  the  use  of  an
inhaler.  In view of the circumstances surrounding  his  enlistment  and  to
remove any doubt of an injustice, we  believe  that  the  more  appropriated
reason for  his  separation  would  be  “Erroneous  Entry”.   Therefore,  we
recommend his records 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  the  narrative   reason   for
separation, issued  in  conjunction  with  his  uncharacterized  entry-level
separation on 10 September 2002, was “Erroneous Entry”  and  the  separation
program designator (SPD) code was “YFC.”

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 27 August 2003, under the provisions of AFI 36-2603:

            Ms. Marilyn Thomas, Vice Chair
            Ms. Mary J. Johnson, Member
            Mr. John B. Hennessey, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2003-00254
was considered:

      Exhibit A.  DD Form 149, dated 24 Oct 02, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Apr 03.
      Exhibit D.  Letter, AFPC/DPPRS, dated 20 May 03.
      Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.
      Exhibit F.  Applicant’s Rebuttal, dated 23 Jun 03.




                                  MARILYN THOMAS
                                                   Vice Chair



AFBCMR BC-2003-00254




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 XXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the
narrative reason for separation, issued in conjunction with his
uncharacterized entry-level separation on 10 September 2002, was
“Erroneous Entry” and the separation program designator (SPD) code was
“YFC.”





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency