RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00530
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  narrative  reason  for  separation  (fraudulent  entry  into   military
service) be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His recruiter told him  to  say  no  to  the  Military  Entrance  Processing
Station (MEPS) when  questioned  about  headaches;  however,  his  recruiter
denies telling him to do so.  He doesn’t think it’s fair to be punished  for
something his recruiter told him to do.  He  further  indicates  he  thought
what the recruiter told him to do was in his best interest; however, it  was
in the recruiter’s best  interest.   His  recruiter  was  a  person  who  he
trusted.  He states is sorry for any problems he caused the Air Force.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 January 2004 in  the  grade
of airman basic for a period of six years.

On 2 October 2003, a Report of Medical History, DD  Form  2807-1,  indicates
the applicant checked no in item 15b, “Have you ever had or do you now  have
frequent or severe headache.”

A Basic Training Record, Lackland Air Force Base, Form  105A,  indicates  on
12 January 2004, the applicant returned from an appointment with  a  Wilford
Hall Medical Center (WHMC) Form 3530 placing him in an  administrative  hold
status and was referred to the operations officer.  On 13 January 2004,  the
commander reviewed the WHMC Form 3530 and concurred with the  recommendation
to place the applicant in an administrative  hold  status  due  to  frequent
headaches.   The  applicant  was  transferred  to  await   further   medical
evaluation.  On 15 January 2004, the applicant  received  a  waiver  stating
entry-level separation.  He was restricted from physical conditioning  (PC),
lifting over 20 pounds and sitting details only.

On 16 January 2004, the applicant indicated in a trainee statement  “I  have
migraines, but I haven’t had one in a couple  of  months.”   He  stated  the
recruiter indicated, “Well, if you haven’t had them in a  while  I  wouldn’t
put it down.  Just tell MEPs no.”

On 22 January 2004, the applicant was notified of his commander's intent  to
initiate discharge action against him for Fraudulent  Entry.   Specifically,
the commander indicated his  reason  for  this  action  was  he  received  a
medical narrative summary dated 15 January 2004, which found the  applicant,
did not meet minimum medical standards to enlist.  The applicant should  not
have been allowed to join the Air Force  due  to  existing  prior  to  entry
migraines.  The  applicant  did  not  ask  the  Air  Force  to  give  him  a
disability separation because the medical staff found him unqualified.

The commander advised the applicant of his right to  consult  legal  counsel
and submit statements in his own behalf; or waive  the  above  rights  after
consulting with counsel.

Military legal counsel was made available  to  the  applicant;  however,  he
waived his right to consult counsel and to  submit  statements  in  his  own
behalf.

The discharge authority approved the applicant’s entry-level separation.

On 26  January  2004,  the  applicant  was  separated  with  an  entry-level
separation in the grade of airman basic, under the  provisions  of  AFI  36-
3208 (Fraudulent Entry Into Military Service).  He served three  months  and
four days of total prior inactive service.  He  served  no  time  on  active
duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated 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.   Airmen
are given entry-level  separation/uncharacterized  service  characterization
when 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.    The
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge processing.  He provided no facts  warranting
a change to the character  of  service  or  a  change  to  his  Reenlistment
Eligibility (RE) code.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 April 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice.  While the evidence of record  does  not
reveal the applicant was miscounseled by his  recruiter,  we  believe  under
the circumstances of this  case,  the  reason  for  his  separation  appears
harsh.  In addition, the reason for his separation,  fraudulent  entry  into
military service, could  hinder  the  applicant  from  obtaining  employment
which based on the evidence of  record,  we  believe  should  be  prevented.
Therefore, we believe any doubt should be resolved in the applicant’s  favor
and his records should be corrected as 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 at  the  time  of  his  entry  level
separation on 26 January 2004, the narrative reason for his  separation  was
Secretarial Authority and Separation Program Designator was “KFF.”

_________________________________________________________________









The following members of the Board considered AFBCMR Docket Number  BC-2004-
00530 in Executive Session on 12 March 2004, under the provisions of AFI 36-
2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Jean A. Reynolds, Member

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

   Exhibit A.  DD Form 149, dated 10 February 2004, w/atchs.
   Exhibit B.  Military Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 31 March 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 2 April 2004.




                       DAVID C. VAN GASBECK
                       Panel Chair




AFBCMR BC-2004-00530





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 at the time of his entry level
separation on 26 January 2004, the narrative reason for his separation was
Secretarial Authority and Separation Program Designator was “KFF.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency