RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00308
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  narrative  reason  for  his  separation  and   his   reenlistment
eligibility (RE) code of 2C be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had no pre-existing injury, he only had a checkup before he entered
the Air Force.  He came back with no problems.

Before he signed up he told his recruiter that his knee  hurt  so  the
recruiter told him it would be good to have it checked before he  sign
any papers.  He had his knee scanned, the doctor told  him  there  was
nothing wrong with the MRI.  The doctor said it was twisted.  He  went
back to the office and talked to the recruiter and signed the  papers.
When he was in tech school he fell and went to the doctor.   He  tried
to explain to the doctor about his previous MRI, however,  she  didn’t
understand and took it that he had a pre-existing injury and told  him
he had lied to MEPS.

In support of the appeal, applicant submits a  personal  statement,  a
copy of his DD Form 214, a copy of his MRI report and a  copy  of  his
Training Temporary Duty Restriction Form.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18  June  2002  in  the
grade of airman basic for a period of six years.  He  completed  basic
military training and began training  as  a  security  forces  helper.
Approximately two weeks into technical training, he presented  to  the
emergency room with an 18-week history of increasing right  knee  pain
interfering with continued training.  He told the  orthopedic  surgeon
he had been previously seen by a civilian orthopedist for  right  knee
pain related to sports activity.

Applicant failed to admit to being diagnosed with Retro patellar  Pain
Syndrome at his MEPS.  In August 2002, while in technical training for
Security Forces, he  voluntarily  admitted  to  a  previous  diagnosis
precluding him from fulfilling his Air Force obligation.

On 16 September 2002, the commander notified  applicant  that  he  was
recommending  his  discharge  from  the  Air  Force   for   fraudulent
enlistment.  The basis for this action was AFPD 36-12 and AFI 36-3208,
paragraph 5.15.  His reason for  this  action  was  the  Chronological
Record of Medical Care, dated 27  August  2002,  indicating  that  the
applicant was diagnosed with Retro patellar Pain Syndrome.   Applicant
acknowledged receipt of the letter of  notification.   Military  legal
counsel was made available to him.  He waived his  option  to  consult
counsel and his right to submit statements.  On 17 September 2002, the
Discharge Authority approved the separation  and  directed  an  entry-
level separation.

The applicant was  administratively  discharged  with  an  entry-level
separation on 30 September 2002 for  Fraudulent  Entry  Into  Military
Service.  He served 3 months and 13 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  states  that  the  preponderance  of  the
evidence indicates that action and disposition in this case are proper
and equitable reflecting compliance with  Air  Force  directives  that
implement the law.  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.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 June 2004, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice warranting a change of  his  RE
code.  We note that the applicant received an entry  level  separation
with uncharacterized service characterization and issued a RE code  of
“2C”.  After reviewing the circumstances  surrounding  his  separation
from the Air Force, we find his separation was in accordance with  the
applicable  instruction  and  since  he  received   an   entry   level
separation, his RE code appears to  be  correct.   Therefore,  in  the
absence of evidence to the contrary, we find no basis  upon  which  to
recommend favorable action on his request for a change in his RE code.

4.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice in regards  to  applicant’s  request  for  a
change in  the  reason  for  his  separation.   It  appears  that  the
applicant informed his recruiter that he had a knee  problem  and  was
told that before he enlisted he should have it checked  by  a  doctor.
Applicant underwent  magnetic  resonance  imaging  of  his  knee  with
findings showing no evidence of internal damage or  cartilage  injury.
He was seen by his orthopedist on 22 January 2002 and he was diagnosed
with  retro   patellar   pain   syndrome.    During   his   enlistment
prescreening, applicant denied any history of knee or joint  problems.
We agree with the Air Force that the applicant  should  have  informed
the appropriate officials of his  knee  problems  during  his  medical
prescreening.  However, in view of the actions taken by the  applicant
prior to his enlistment, we do not believe his failure to  reveal  his
knee was fraudulent.  To the contrary, the applicant informed the  Air
Force that he had a knee problem prior to his  enlistment,  he  sought
help from civilian doctors and based on these reports, he believe that
his knee was normal.  As stated above, we find the  separation  action
taken against the applicant was appropriated; however, the reason  for
his  separation  appears  harsh  based  on  the  evidence  of  record.
Therefore, we believe the reason for his separation should be  changed
to “Secretarial Authority”, with a separation code of “KFF.”  In  view
of the above findings, 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 on 30 September  2002,
he was discharged under the provisions  of  AFI  36-3208,  Secretarial
Authority, and issued a Separation Program Designator code of “KFF.”
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 29 July 2004, under the  provisions  of  AFI  36-
2603:

           Mr. Richard A. Peterson, Panel Chair
           Ms. Kathleen F. Graham, Member
           Mr. Vance E. Lineberger, Member

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

     Exhibit A.  DD Form 149, dtd 14 Jan 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dtd 14 Jun 04.
     Exhibit D.  Letter, SAF/MRBR, dtd 18 Jun 04.




                                   RICHARD A. PETERSON
                                   Panel Chair





AFBCMR BC-2004-00308




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, be corrected to show that on 30 September 2002, he was
discharged under the provisions of AFI 36-3208, Secretarial Authority, and
issued a Separation Program Designator code of “KFF.”







JOE G. LINEBERGER

Director

Air Force Review Boards Agency