RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2004-
02716
                                             INDEX CODE:  110.02

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  4 MARCH 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was advised that his medical condition  was  not  of  a  serious
nature.  He came forward with his medical history even  though  his
recruiter advised him not to reveal any previous medical problems.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25  May  04,  for  a
period of four years, in the grade of airman first class.

On 17 Jun 04, the squadron commander notified the applicant that he
was recommending he be discharged from the Air Force for fraudulent
entry into the military.   If  approved,  his  discharge  would  be
described as  an  entry  level  separation.   His  reason  for  the
proposed action was that the applicant  intentionally  concealed  a
prior service medical condition,  which  if  revealed,  could  have
resulted in rejection of his enlistment.  The Air Force  discovered
that he suffered from migraines.  This medical condition could have
rendered him ineligible to enlist in the Air Force.  The  applicant
acknowledged receipt of the notification on 17 Jun 04,  and  waived
his option to consult legal counsel and submit  statements  on  his
own behalf.

On 18 Jun 04, the  Air  Education  and  Training  Command  attorney
advisor  found  the  case  file  legally  sufficient   to   support
separation.  On 18 Jun 04, the  discharge  authority  approved  the
discharge  and  directed  that  applicant  be  discharged  with  an
uncharacterized entry-level separation.

Applicant received an  uncharacterized  entry-level  separation  on
23 Jun 04, under the  provisions  of  AFI  36-3208,  by  reason  of
fraudulent entry into military service, and was issued an  RE  Code
of 2C [involuntarily separated  with  an  entry-level  separation].
Since his enlistment was considered fraudulent,  his  total  active
service was non-creditable.

___________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends the application be denied.
 The applicant was administratively discharged with an  entry-level
separation  for  fraudulent  entry  into   military   service   for
concealing a significant history of migraine  headaches  after  his
headaches interfered with military training.  The applicant  states
his recruiter told him not to reveal his medical history;  however,
he twice signed forms making an  official  statement  in  which  he
attested that no one had advised him  to  conceal  or  falsify  any
information about his medical history.

On 11 Jun 04, the  applicant  was  removed  from  training  due  to
headaches interfering with  training  and  reported  a  pre-service
history of  migraine  headaches.   Civilian  medical  records  were
obtained showing a significant history of frequent (2-3  times  per
week) and severe headaches (occasionally having to go lie in a dark
quite room) and  treatment  with  Imitrex  and  Inderal.   Civilian
records also showed treatment for sinusitis and  allergic  rhinitis
including anti-histamines, and steroid nasal spray as  well  as  an
evaluation by an allergist.   The  applicant  did  not  reveal  his
medical history at the  time  of  enlistment  and  told  Air  Force
physicians that his recruiter told him not to tell.

At the time of enlistment, the applicant twice completed and signed
medical history screening forms (DD 2807), both of which  contained
a warning  that  the  information  given  constituted  an  official
statement.  On both forms the applicant checked  the  “no”  box  in
response to questions asking, “Have you ever had  or  do  you  have
now:”, “10.j. Sinusitis,”  “10.k.  Hayfever,”  “15.b.  Frequent  or
severe headaches.”

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  have  resulted  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.  Action
and disposition in this case are proper  and  equitable  reflecting
compliance with Air Force directives that implement the law.

A complete copy  of  the  Medical  Consultant’s  evaluation  is  at
Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 Jul 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not been received by this office (Exhibit D).

___________________________________________________________________

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 error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case; however, we agree with the opinion and recommendation of  the
BCMR Medical Consultant and adopt his rationale as  the  basis  for
our conclusion that the applicant has not been  the  victim  of  an
error or injustice.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis  to  recommend  granting  the
relief sought in this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  the
application will only be reconsidered upon the submission of  newly
discovered relevant evidence not considered with this application.

___________________________________________________________________

The following members of the Board considered Docket Number BC-2004-
02716  in  Executive  Session  on  13  September  2005,  under  the
provisions of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Ms. Renee M. Collier, Member
      Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Aug 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFBCMR Medical Consultant,
                dated 20 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Jul 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair