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AF | BCMR | CY2005 | BC-2004-02332
Original file (BC-2004-02332.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02332
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  1 MAR 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for separation “Fraudulent  Entry  Into  Military
Service” be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She believes her discharge was unjust because she was  never  given  a
diagnosis by any civilian doctor.  However, she was  given  more  than
one diagnosis by her military doctors. None of the diagnosis were said
to be an irritable bowel syndrome. She was told she should be  checked
for endometriosis in which you cannot tell if you have it.

She thinks she should not have a fraudulent entry because she did  not
have a diagnosis prior to entering the  military.  She  only  had  the
pains during her monthly cycle. You cannot determine if a  person  has
endometriosis unless  they  have  surgery.  While  under  a  stressful
environment, her pains became regular. This stressful environment  was
basic military training.  She only asks her records be cleared because
she did not know that there was really anything wrong with her.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
1 June 2004 for a term of six years.

The applicant’s service medical records are not available  for  review
except  for  limited  entries  present  in  the  personnel  file.  The
applicant’s basic training record indicates the applicant was seen  in
sick call on 7 June 2004 and placed on administrative hold by  medical
personnel.  An  overprint  medical  progress  document  30  June  2004
recommended administrative separation for erroneous enlistment  for  a
condition that existed prior to  service.  The  medical  record  entry
notes the patient was symptomatic prior to entering service  but  that
no  diagnosis  had  been  made.  Civilian  medical  records  were  not
available for review at that time.

On 6 July 2004, the  applicant’s  commander  initiated  administrative
discharge  for   fraudulent   entry,   stating   the   applicant   had
intentionally concealed a prior service medical  condition,  which  if
revealed could have resulted in rejection of her enlistment.

The applicant acknowledged receipt of the  notification  of  discharge
and, after consulting with legal counsel waived her  right  to  submit
statements in her own behalf.  The base legal office reviewed the case
and found it legally sufficient to support separation and  recommended
applicant be discharged with an entry  level  separation.  On  7  July
2004, the discharge authority approved the recommended discharged  and
directed the applicant be discharged for the  reasons  recommended  by
his commander.

On 9 July 2004, 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.  She served 1 month and 9 days  of
total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

BCMR Medical Consultant is of  the  opinion  that  no  change  in  the
records is warranted.  The applicant was  administratively  discharged
with an entry level separation due to a medical problem existing prior
to service that interfered with training, the symptoms  of  which  she
concealed at the time of her enlistment  medical  examination.  During
enlistment medical screening, determination of  medical  qualification
is not based solely on established  medical  diagnoses,  but  also  on
symptoms an enlistee may have  or  may  have  had  in  the  past.  The
integrity of the medical screening process depends on the  honesty  of
individuals when responding  to  questions  on  screening  forms  that
inquire about symptoms as well as diagnoses and prior  treatments  and
consultations with medical professionals.

The absence of complete service medical records as well as pre-service
civilian medical records limits evaluation of the applicant’s symptoms
and medical evaluations  pre-service  and  in  service  and  therefore
limits making an assessment of the nature and degree of seriousness of
her statements. The preponderance of the  evidence  of  the  available
records shows that she concealed pre-service gynecologic symptoms that
subsequently  formed  the  basis  for  her   discharge.   Action   and
disposition  in  this  case  are  proper  and   equitable   reflecting
compliance with Air Force directives that implement the law.

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.

BCMR Medical Consultant’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 9 June 2005 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 error or injustice.  After a thorough review  of  the
evidence of  record  and  the  applicant’s  complete  submission,  the
majority of the Board is  of  the  opinion  there  was  no  deliberate
deception on the part of the applicant upon her  entry  into  the  Air
Force. Therefore, the majority of the Board finds the narrative reason
for  discharge,  Fraudulent  Entry  into  Military  Service,   to   be
excessively harsh and not representative of the  facts.   Accordingly,
the majority of the Board recommends that the applicant’s  records  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 on 9 July
2004, she 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 “JFF.”.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-02332 in Executive Session on 7 July 2005, under the  provisions
of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Sue A. Lumpkins, Member
                 Mr. James W. Russell III, Member

By a majority vote, the Board recommended granting the  applicant’s
request.  Ms. Lumpkins voted to deny; but does not wish to submit a
minority report.

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  BCMR Medical Consultant, dated 5 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 05.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR BC-2004-02332




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 XXXXXXX, XXXXXXX, be corrected to  show  that  on  9
July 2004, she  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 “JFF.”







                             JOE G. LINEBERGER

                             Director
                             Air Force Review Boards Agency


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