RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00643
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reason for discharge, Fraudulent Entry into Military  Service,  be
changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reason for separation should be medical.

In support of the appeal, applicant submits  a  copy  of  her  medical
appointments prior to her entry into the Air Force  and  a  16 October
2002 statement by physician.  (Examiner’s Note:  These documents  were
included in her discharge case file.)

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 12 June 2002.

On 24 October 2002, the commander notified the applicant that  he  was
recommending  an  entry-level  discharge  for  fraudulent  enlistment.
Reason  for  the  action  was  applicant  gained  enlistment   through
deliberate  concealment  of  a  mental  health  condition.   When  the
applicant completed her Standard Form 86, Questionnaire  for  National
Security Positions, question 21,  “In  the  last  7  years,  have  you
consulted   with   a   mental   health   professional   (psychiatrist,
psychologist, counselor, etc.), or have  you  consulted  with  another
health care provider about  mental  health-related  conditions?”   she
answered, “NO.”  She self-referred to  the  mental  health  clinic  in
September 2002 with symptoms of depressed mood and expressed a  desire
to leave the Air Force.  At that time, she disclosed  her  history  of
depression requiring treatment with antidepressant medication and care
by mental health professionals.  She had discontinued her  medications
just prior to entering her enlistment.  Applicant waived her right  to
consult with counsel and did not submit any statements in her  behalf.
The case was reviewed by the base  legal  services  and  found  to  be
legally sufficient to support discharge for fraudulent  entry.   On  1
November 2002, the Discharge Authority  directed  an  uncharacterized,
entry-level discharge.

On 5 November 2002, the applicant,  while  serving  in  the  grade  of
airman basic, was discharged from the Air Force under  the  provisions
of  AFI  36-3208,  Administrative  Separation  of  Airmen  (fraudulent
enlistment), and received an uncharacterized discharge.  She  did  not
receive any credit for active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant states that the  applicant  concealed  her
history of  depression  treated  with  an  anti-depressant  medication
within 12 months of enlisting.  She experienced  recurrent  depressive
symptoms diagnosed as Adjustment Disorder after  3  months  on  active
duty and revealed her pre-service medical history.  As a result of her
concealing her  disqualifying  medical  history  for  the  purpose  of
gaining entry into the service she was administratively discharged for
fraudulent entry into military service with an entry-level  separation
and uncharacterized service.

The applicant’s history of depression is disqualifying for entry  into
the Air  Force  (AFI  48-123A3.21  Mood  Disorders.   The  causes  for
rejection are symptoms, diagnosis or history of a major mood  disorder
requiring maintenance treatment or  hospitalization).   The  applicant
told her physician in February 2002 that she had to be off  medication
for a year before attempting to medically qualify for  enlistment  but
instead applied 3 months later and concealed her recent mental  health
history.

Fraudulent entry is one involving deliberate deception on the part  of
the member.  An airman may be discharged for fraudulent entry based on
the procurement of a  fraudulent  enlistment  or  period  of  military
service through any deliberate material  misrepresentation,  omission,
or concealment that if known at the time of enlistment or entry into a
period of military service, might have  resulted  in  rejection.   The
fraud may occur at any time in the enlistment process.

The BCMR Medical Consultant stated that action and disposition in this
case are proper and equitable reflecting  compliance  with  Air  Force
directives that  implement  the  law.   Therefore,  the  BCMR  Medical
Consultant is of  the  opinion  that  no  change  in  the  records  is
warranted.

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

AFPC/DPPRS states that they believe 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
continuous active service.  The 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, her uncharacterized character of service is correct and  in
accordance  with  DoD  and  Air   Force   instructions.    An   entry-
level/uncharacterized separation should not  be  confused  with  other
types of separations.  Therefore, they recommend denial of applicant’s
request.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 June 2003, copies of the Air Force evaluations were forwarded  to
the applicant for review and response 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case.
After reviewing the evidence of record, we are not persuaded that  the
applicant’s records are in error or that she has been the victim of an
injustice.  However, in our opinion, the detailed comments provided by
the appropriate Air Force offices  adequately  address  those  merits.
Therefore, we agree with opinions and recommendations of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim of an error or  injustice.   In  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________


THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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,  BC-
2003-00643, in Executive Session on 31 July 2003, under the provisions
of AFI 36-2603:

                 Mr. Philip Sheuerman, Panel Chair
                 Mr. James W. Russell III, Member
                 Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Mar 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 9 May 03.
      Exhibit D. Letter, AFPC/DPPRS, dated 23 May 03.
      Exhibit E. Letter, SAF/MRBR, dated 3 Jun 03.




                             BRENDA L. ROMINE
                             Acting Panel Chair