RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02071

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under  honorable  conditions)  discharge  be  changed  to
honorable, the narrative reason changed from  “Fraudulent  Entry  Into
Military Service” and he receives back for pay and allowances.

_________________________________________________________________

ALICANT CONTENDS THAT:

He did not fraudulently enlist in the Air Force.  He was instructed by
Air Force representative how to respond to questions.  He had no legal
representation when  signing  discharge  papers.   His  discharge  for
fraudulent entry was not proven, and supposedly dropped.

In support of the appeal, the applicant submits copies of  letters  to
his senator, a rebuttal to his letter  of  reprimand,  a  to  military
personnel records, DD Form 214, a summary of  discharge  benefits,  AF
Form 100, Request and Authorization for Separation and a letter from A-
- D--, LCSW.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty 14 February  2002  on  a  guaranteed
training enlistment  agreement  for  Security  Forces  with  a  6-year
service commitment.  After  completing  basic  military  training  and
security forces training, the  applicant  was  assigned  to  Keflavik,
Iceland arriving in July 2002.

On 21 August 2002, the applicant was seen in the  Keflavik  Naval  Air
Station Acute Care Cline on referral by his supervisor after  implying
suicidal ideation while talking to his supervisor, “patience has  been
in military for less than one year and is unhappy with “everything” in
the military.  Patient “will do anything to get out of the  military”…
Has verbalized suicidal ideation (SI) in the past to try to get  out.”
Exam reported the applicant to have normal mood  and  affect  and  the
diagnostic impression was Adjustment Disorder.  He  was  referred  for
mental health  evaluation  and  evaluated  the  same  day  by  a  Navy
psychologist.

The applicant was involuntarily discharged under the provisions of AFI
36-3208, Administrative Separation of Airmen  (fraudulent  entry  into
military  service),  with  service   as   general   (under   honorable
conditions) discharge and a reenlistment code (RE) of 2C on 3 November
2002 in the grade of airman first class. He served  8  months  and  20
days of total active military service.
_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-POCC/DE stated they  are  partially  unable  to  take  action  to
administratively provided  the  relief  sought  regarding  payment  of
unused leave. However, a review of the applicant’s pay record reflects
he separated as a result of a fraudulent enlistment.  A  member  whose
is separated for this reason is not entitled  to  payment  of  accrued
leave for 9.0 days.

However, an audit of the applicant’s pay records revealed he  was  due
$1.59.  A check was forwarded to the applicant in this amount.

DFAS-POCC/DE complete evaluation is at Exhibit C.

BCMR Medical Consultant states although action and disposition in this
case are proper and equitable reflecting  compliance  with  Air  Force
directives that implement the law,  the  applicant  presents  evidence
suggesting there  is  some  doubt  as  to  whether  he  willfully  and
fraudulently concealed his medical  history  to  the  degree  to  have
warranted discharge for fraudulent entry.  The BCMR Medical Consultant
is of the opinion the Board may reasonably  consider  the  alternative
bases for discharge  as  either  erroneous  enlistment  or  adjustment
disorder.

BCMR Medical Consultant complete evaluation is at Exhibit D.

AFPC/DPPRS states the discharge was  consistent  with  the  procedural
requirements of the discharge regulation, but based  on  the  lack  of
documentation in the master  personnel  records,  they  defer  to  the
advisory provided by the medical  consultant.   If  the  Board  should
grant the relief sought by the applicant, his  reason  for  separation
should be  changed  to  “Secretarial  Authority”,  with  a  Separation
Program Designator (SPD) of “KFF.”

AFPC/DPPRS complete evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 24 December 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  an  error  or  injustice.   After  reviewing  the
applicant’s records and noting his contentions,  we  agree  with  the
opinion and recommendation of the AFBCMR Medical Consultant that  the
applicant's narrative  reason  for  separation  and  separation  code
should be changed.  In this respect, the Medical Consultant indicated
although action and disposition in the case are proper and  equitable
reflecting compliance with Air Force directives  that  implement  the
law, the applicant presented evidence that suggested  there  is  some
doubt as to whether  he  willfully  and  fraudulently  concealed  his
medical history  to  the  degree  to  have  warranted  discharge  for
fraudulent entry.  However, the applicant did  not  substantiate,  to
our satisfaction, his assertion that he is any better  able  to  cope
with the circumstances that caused his  separation  and  which  could
very conceivably resurface should he reenlist.  Therefore, we believe
his narrative  reason  and  the  corresponding  SPD  code  should  be
changed, but his  RE  code  should  remain  unchanged.   Further,  we
believe  that  under  the   given   circumstances   of   this   case,
characterization of his discharge as general  is  particularly  harsh
and recommend that the characterization of his service be upgraded to
honorable.  In view of the above changes he should  be  automatically
entitled to the pay allowances that he was not previously authorized.
 Accordingly, we recommend his  records  be  corrected  as  indicated
below.

4.    The documentation provided with this case was sufficient to give
the Board a clear understanding of the issues involved and a  personal
appearance, with or without legal counsel, would not  have  materially
added to that understanding.  Therefore, the request for a hearing  is
not favorably considered.

_________________________________________________________________

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 3 November 2003, he was honorably  discharged  under  the
provisions of AFI 36-3208, Secretarial Authority,  with  a  Separation
Program Designator code of  “KFF,”  and  was  furnished  an  Honorable
Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-02071 in  Executive  Session  on  17  February  2004,  under  the
provisions of AFI 36-2603:

                       Ms. Marilyn Thomas, Vice Chair
                       Ms. Martha J. Evans, Member
                       Mr. Charles E. Bennett, Member

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

      Exhibit A. DD Form 149, dated 15 Jun 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. DFAS-POCC/DE, dated 9 Sep 03.
      Exhibit D. Letter, BCMR Medical Consultant, dated 17 Nov 04.
      Exhibit E. Letter, AFPC/DPPRS, dated 17 Dec 03.
      Exhibit F. SAF/MRBR, dated 24 Dec 03.




                       MARYLIN THOMAS
                       Vice Chair






AFBCMR BC-2003-02071


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered  the  recommendation  of  the  Air
Force Board for Correction for 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 on 3 November 2003, he
was honorably discharged under the provisions of AFI 36-3208,
Secretarial Authority, with a Separation Program Designator code of
“KFF,” and was furnished an Honorable Discharge certificate.





                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency