RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                    DOCKET NUMBER: BC-2004-01336
                                     INDEX CODE: 110.02
                                     COUNSEL:  NONE

                                     HEARING DESIRED: YES





MANDATORY CASE COMPLETION DATE:  1 NOV 2005


________________________________________________________________

APPLICANT REQUESTS THAT:

The  Narrative  Reason  for  Separation  (Fraudulent  Entry  into   Military
Service) and her Separation Code (JDA),  be  changed  to  reflect  erroneous
entry or another appropriate reason instead of fraudulent.
________________________________________________________________

APPLICANT CONTENDS THAT:

She was admitted into the Air Force after passing all  the  necessary  tests
and physicals.  When she went to medical to request a refill for  her  birth
control pills, she was asked if she ever had a  medical  procedure  done  to
her cervix to which she answered “yes.”   She  was  then  accused  of  lying
about her condition in order to gain entry into the service.   She  did  not
lie at  anytime  since  this  procedure  is  a  treatment  that  clears  the
condition.  With yearly PAP check-ups, should the condition  arise,  another
treatment would be necessary.  This is a lifelong health practice  that  all
women go  through.   She  would  have  mentioned  it  to  the  pre-admission
doctors, who themselves never discovered or even asked her  about  it.   She
did not lie, and feels the “fraudulent discharge” status should be  changed.


In support of her request, she submits a  personal  statement,  a  statement
from her mother, copies of the administrative discharge action, her DD  Form
214; correspondence with her Congressional member;  and  excerpts  from  her
medical record.

The applicant’s submission, with attachments, is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  3  February  2004.   In
December 2003, the applicant completed a Report of Medical History in  which
she did not indicate ever having treatment for a gynecological  disorder  or
abnormal PAP smears.

On 17 February 2004, an entry on the applicant’s health record indicates  in
February 2003, the applicant had an abnormal PAP which  was  followed  by  a
colposcopy and cryosurgery in October  2003.   Subsequently,  the  applicant
was placed on administrative hold.

On 19 February  2004,  in  accordance  with  AFPD  36-32  and  AFI  36-3208,
paragraph 5.15, Fraudulent Enlistment,  the  commander  initiated  discharge
proceedings  against  the  applicant.   The  commander  indicated  that  the
applicant intentionally concealed a prior service medical  condition,  which
if revealed, could have  resulted  in  rejection  of  her  enlistment.   The
applicant was advised of her rights in this matter.   The  applicant  waived
her right to counsel and to submit statements in her  behalf.   In  a  legal
review of the discharge case  file,  the  chief  adverse  actions  found  it
legally sufficient and recommended that the  applicant  be  discharged  from
the Air Force with an entry-level separation.   On  19  February  2004,  the
discharge authority directed that the applicant be discharged from  the  Air
Force  with  an  entry-level   separation.    Accordingly,   applicant   was
discharged on 24 February 2004  by  reason  of  “Fraudulent  Entry”  with  a
Separation Code of “JDA” and a Reenlistment Eligibility (RE) code  of  “2C.”
She had served 22 days on active duty.
________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  recommends  the  application  be  denied.   The
Medical  Consultant  indicates  that  the  applicant  concealed  a   medical
condition that is disqualifying for enlistment at the  time  of  entry  that
was  discovered  approximately  one  week  after   entering   active   duty.
Although she asserts her recruiter coached her to conceal her  disqualifying
medical  condition  and  drug  use,  enlistees  are  given   an   additional
opportunity  to  report  information  that  they  may  not  have  previously
reported on the day they enter active duty.  The  Medical  Consultant  finds
documentation that indicates she was properly  given  this  opportunity  and
the  documentation  is  clear  about  the  importance  of  full  and   frank
disclosure.  The Medical Consultant’s evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 January 2005, a copy of the Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  probable  injustice.   After  careful  consideration  of  the
circumstances surrounding the applicant’s separation, we are  persuaded  the
applicant did  not  deliberately  try  to  defraud  the  government  by  not
disclosing her past history with abnormal pap smears during  her  enlistment
physical.  We have no reason to disbelieve the applicant’s  assertions  that
she was misled by her recruiter regarding what  information  she  should  or
should not disclose.  We believe the applicant’s explanation and  supporting
statement from her mother of  the  events  surrounding  her  enlistment  and
separation provide a reasonable basis to resolve this matter in  her  favor.
In view of this, and to preclude any further injustice to the applicant,  we
recommend that the narrative reason for  her  separation  and  corresponding
separation code be changed to “Erroneous Entry.”

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be  corrected  to  show  that  on  24 February  2004,  she  was
separated under the provisions of AFI  36-3208,  paragraph  5.14  (Erroneous
Entry) with a Separation Program Designator (SPD) of “JFC.”

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 7 April 2005, under the provisions of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Mr. James W. Russell, III, Member
            Mr. Vance E. Lineberger, Member

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

    Exhibit A.  DD Form 149, dated 22 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated
                20 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

AFBCMR BC-2004-01336




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 XXXXXXXXXXXX, be corrected to show that on 24 February 2004,
she was separated under the provisions of AFI 36-3208, paragraph 5.14
(Erroneous Entry) with a Separation Program Designator (SPD) of “JFC.”






JOE G. LINEBERGER

Director

Air Force Review Boards Agency