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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