RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02212

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to honorable and
the narrative reason changed  from  “Fraudulent  Entry  Into  Military
Service.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was advised by his recruiter to report to the MEPS station  in  San
Antonio Texas on September 23, 1997 for a physical examination.   Upon
arrival, he answered all questions  and  completed  numerous  physical
agility tasks with success.

Prior to him going to the MEPS station, he advised his recruiter  that
as a child he suffered some form of migraine headaches.  The recruiter
asks him if he was currently having headaches that were  frequent  and
severe at this time.  He  advised  him  he  had  not  had  a  migraine
headache in approximately ten years prior to their conversation.   The
recruiter stated that since the headaches were not currently affecting
him and had not for some time, that it was not an issue.

He started basic  military  training  on  January  28,  1998.   During
training, he suffered a migraine headache and sought  medication  from
the Wilford Hall Medical Center at Lackland  Air  Force  Base  in  San
Antonio Texas.  He was treated and released back to his  barracks  and
referred to another doctor (Capt S) who had him transferred to medical
hold and then discharged with an uncharacterized discharge that states
“Fraudulent Entry Into Military Service.”

In the commander’s discharge notification letter, she stated  that  he
was untruthful when filling out the medical history forms at the  MEPS
center, as if he  was  withholding  the  fact  that  he  had  migraine
headaches.

However, after reviewing his copies of the forms he filled out at  the
MEPS center, there are no questions or mention of a question that asks
if he currently suffers from migraines or has a history of  migraines.
Therefore how could he  had  withheld  information  that  he  was  not
requested to supply.  He also had already told his recruiter about his
childhood migraines and he had told him that  it  was  not  an  issue;
therefore, he did not think he had to state anything extra other  than
what was asked of him.

It has now been just over five years since he has been discharged from
the Air Force.  He has since become a police officer and has been  for
the past four years.  For the past two and a half years, he  has  been
working for the City of Cibolo Texas as a patrolman.

In support of his appeal, the applicant submits letters  of  reference
and DD Form 293, Application for the Review of Discharge or  Dismissal
from the Armed Forces of the United States

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
28 January 1998 for a term of 4 years. On 4 March 1998, the  applicant
was involuntarily discharged under  the  provisions  of  AFI  36-3208,
Administrative Separation of Airmen (fraudulent  entry  into  military
service), with service uncharacterized and a Reenlistment Code (RE) of
2C.  He served four months and five days of inactive service.

During  his  third  week  of  training,  he  developed  incapacitating
headaches with accompanying features  of  classic  migraine  headache.
The onset of headache was associated with physical training.

A  medical  narrative  summary  dated  20  February  1998  states  the
applicant reported an extensive evaluation for severe headaches  as  a
child.  Pre-service medical records were reviewed  and  summarized  as
revealing an evaluation for headaches between the age 4 and 6.5  years
including computed axial scanning and electroencephalogram (EEG),  the
latter  test,  which  was  reported  as  showing   abnormal   activity
suggestive of a focal seizure.  However, no other records of a history
of seizure were noted in those incomplete records.  The applicant also
reported he was treated with Midrin as  an  adolescent  for  headaches
however primary medical documentation was not available for review.

At the time of his 23 September 1997, enlistment medical  examination,
the applicant denied a history  of  frequent  or  severe  headache  on
Standard Form 93, Report of Medical History.  The  question  regarding
headache on the form is worded:  “HAVE YOU EVERY HAD OR HAVE YOU  NOW:
Frequently or severe headache” (the bolded phrase  is  followed  by  a
list that includes a wide variety of conditions  including  headache).
Because the applicant’s incapacitating  headaches  were  disqualifying
for  service  and  he  did  not  report  his  pre-service  history  of
headaches, the applicant was administratively discharged with an entry-
level separation for fraudulent enlistment.

On 27 February 1998, the commander notified the  member  that  he  was
being discharged for fraudulent entry into the Air Force.   Since  the
action was initiated within 180 days of service, it was an entry-level
discharge.  Basis for the action  was  that  the  applicant  concealed
prior  service  medical  condition,  which  if  revealed,  could  have
resulted in rejection of his enlistment.

On 27  February  1998,  the  applicant  acknowledged  receipt  of  the
recommendation for discharge, waived his right to consult  with  legal
counsel, and declined to submit statements.   On  2  March  1998,  the
commander approved the discharge and directed the type of discharge to
be an entry-level separation.

_________________________________________________________________

AIR FORCE EVALUATION:

BCMR Medical Consultant is of  the  opinion  that  no  change  in  the
records is warranted.  The applicant developed incapacitation migraine
headaches during his third week of basic training.  Although he had  a
significant past history of headaches, he did not disclose this on his
enlistment medical examination forms.  As a result of  manifesting  an
existing prior to service  medically  disqualifying  condition  during
training that he did not disclose at the time of  enlistment,  he  was
discharged with an entry-level separation for  fraudulent  enlistment.
He contends that his headaches in the  ten  years  prior  to  entering
service were not frequent or severe, and he  innocently  answered  the
medical screening questions to the best of his ability.

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 result in rejection.  The fraud  may
occur at any time in the enlistment process.  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.

The applicant’s commander had the option to  discharge  the  applicant
for   fraudulent   enlistment,   erroneous   enlistment,   or   failed
medical/physical procurement standards.   A  general  characterization
service may be given for fraudulent enlistment.  For the  latter  two,
discharges during entry-level status result  in  an  “uncharacterized”
service characterization.

In the absence of primary medical documentation that  shows  that  the
applicant did not experience frequent or severe headaches in the  time
leading up to this enlistment as was indicated by  his  statements  to
Air Force doctors, the reviewer finds no evidence to support a  change
of records.  Action and  disposition  in  this  case  are  proper  and
equitable  reflecting  compliance  with  Air  Force  directives   that
implement the law.

BCMR Medical Consultant complete evaluation is at Exhibit C.

AFPC/DPPRS recommended denial and stated that airmen are given  entry-
level   separation/uncharacterized   service   characterization   when
separation is initiated in the first 180  days  of  continuous  active
service.  Based on the documentation on file in the  master  personnel
records,  the  discharge  was  consistent  with  the  procedural   and
substantive requirements of the discharge  regulation.  The  discharge
was within the discretion of the discharge authority.

AFPC/DPPRS complete evaluation is at Exhibit D.

_________________________________________________________________

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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice  warranting  a  change  in  the
reason for the applicant’s separation.   After  reviewing  applicant’s
contention, we believe that the possibility exists that the  applicant
misunderstood what  information  was  required  to  be  noted  on  the
Standard Form 93, Report of Medical History.  It appears that  he  may
have requested help from his recruiter about his history  of  migraine
headaches as a child.  Since the possibility exists that the applicant
did in fact answer the questions honestly, we believe that the  reason
for  his  separation  should  be  change  to  Secretarial   Authority.
Therefore, recommend his records be corrected to the extent  indicated
below.


4.    Insufficient relevant has  been  presented  to  demonstrate  the
existence of  an  error  or  injustice  warranting  a  change  in  his
characterization of his separation.  In this respect we agree with the
Air Force that an entry-level separation with uncharacterized  service
is used in those cases where the member has not yet completed 180 days
of active  service  at  the  time  separation  proceedings  were,  for
whatever reason,  initiated.   Hence,  an  uncharacterized  separation
merely connotes the brevity  of  an  individual’s  membership  in  the
service and may not, in and of itself, be viewed as a defamation of  a
former member’s character.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 28 January 1998, he
was separated with an uncharacterized entry-level separation under the
provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority)  with
a separation code of "KFF".

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-02212 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 Jul 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 19 Nov 03.
      Exhibit D. Letter, AFPC/DPPRS, dated 18 Dec 03.
      Exhibit E. SAF/MRBR, dated 24 Dec 03.




                       MARILYN THOMAS
                       Vice Chair






AFBCMR BC-2003-02212




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  28
January 1998, he was separated  with  an  uncharacterized  entry-level
separation  under  the  provisions  of  AFI  36-3208,  paragraph   1.2
(Secretarial Authority) with a separation code of "KFF".







                             JOE G. LINEBERGER

                             Director
                             Air Force Review Boards Agency