RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02110
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 JAN 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from  a  “2C”  to  a
“1C”  and  the  Narrative  Reason  for  Separation  be  changed   from
“Fraudulent” to “Erroneous” to  allow  him  to  reenlist  in  military
service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged unjustly.  He  told  his  recruiter  with  witnesses
present about taking Ritalin and  having  Attention  Deficit  Disorder
(ADD) when he was younger.  The recruiter told him not to worry  about
it as long as he was good to go now and if anyone asked just  say  no.
He was only following the recruiter’s orders.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 12 October 2004, the applicant enlisted in the  Regular  Air  Force
(RegAF), as an airman basic (AB) for a period of six years.

The applicant while in basic military training (BMT)  from  20 October
2004 to 14 January 2005 was seen and treated for a variety of  medical
issues and was cleared for return to duty on each occasion.

On 20 October 2004, the applicant indicated on  his  DD  Form  2807-1,
Report of Medical History, that he did not have a  history  of  mental
health treatment.

On 22 December 2004, the applicant was seen at the Behavioral Analysis
Service (BAS) and  was  diagnosed  with  adjustment  anxiety  and  was
qualified for return to duty.

On 14 January 2005, per Lackland  275  Referral  Form,  the  applicant
submitted a referral indicating his recruiter was aware of his medical
history.  It was determined the applicant was a fraudulent  enlistment
and the recruiter would not be contacted  because  the  applicant  had
several opportunities to admit his recruiter allegedly advised him  to
conceal information regarding his medical history, but failed to do so
until he was recommended for return to duty.  The  applicant  was  fit
for return to duty but chose not to remain in the Air Force.

On 15 January 2005, the applicant underwent a voluntary mental  health
evaluation at the BAS.  The applicant was  diagnosed  with  Adjustment
Disorder with Mixed Anxiety and Depressed Mood.  They  further  stated
the applicant did not appear capable of managing the  demands  of  Air
Force  service,  such  as  deployment.   The  applicant’s  ability  to
function in a military environment was  significantly  impaired.   The
BAS recommended the  applicant  be  administratively  separated.   The
applicant concurred with the findings and recommendation of the BAS.

On 16 January 2005, the applicant’s commander notified  the  applicant
of his intent to recommend him for discharge under the  provisions  of
Air  Force  Instruction  (AFI)  36-3208  for  fraudulent  entry.   The
specific reason for the discharge action was:

            The applicant failed to indicate on his  DD  Form  2807-1,
Report of Medical History, that he had  a  history  of  mental  health
treatment.

The commander advised the applicant of  his  right  to  consult  legal
counsel, and if he so  desired  an  appointment  would  be  made  upon
request.  He was advised that  failure  to  consult  with  counsel  or
submit statements could constitute a waiver of his rights to do so.

On 20 January 2005, the applicant waived his  right  to  consult  with
counsel and to submit a statement.

On 21 January 2005, a legal review was conducted in  which  the  staff
judge advocate recommended the applicant be separated with  an  entry-
level separation.

On 22 January 2005, the discharge authority approved  the  applicant’s
entry-level separation.

On 25 January 2005, the applicant was separated in the grade of airman
basic under the provisions of AFI 36-3208 for  fraudulent  entry  into
military  service  with  an  uncharacterized  entry-level  separation.
Since the applicant’s enlistment was considered fraudulent  his  total
active service was non-creditable.  He was issued an  RE  code  of  2C
which  denotes  he  was  involuntarily  separated  with  an  honorable
discharge,  or  entry-level  separation  without  characterization  of
service and a separation code  of  “JDA”  which  indicates  fraudulent
entry into military service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS indicates that  based  upon  the  documentation  in  the
applicant's records his discharge was consistent with  the  procedural
and substantive requirements of the discharge regulation.   Also,  the
discharge was within the sound discretion of the discharge  authority.
The applicant has not provided any evidence or identified  any  errors
or injustices that occurred in the discharge process.

Air  Force  policy  is  that  entry-level  separations/uncharacterized
service characterizations are given to  servicemembers  who  have  not
completed more than  180  days  of  continuous  active  service.   The
Department of Defense (DOD) determined if a servicemember served  less
than 180 days of active service, that it would be unfair to the member
to characterize that service.  The applicant's uncharacterized service
is correct and  in  accordance  with  DOD  and  AFIs.   HQ  AFPC/DPPRS
recommends the requested relief be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he believes
he deserves the change in his military records not  only  because  the
recruiter lied but no one at the Military Entrance Processing  Station
(MEPS) asked him about taking medication.  He did read a copy  of  the
DD Form 2807-1 and it stated “Have you consulted or  been  treated  by
clinics, physicians, healers, or other practitioners within the past 5
years for other than minor illnesses?”  In his case this was more than
5 years and therefore, did not apply to him.

He further states he takes responsibility for his actions and requests
another chance and careful consideration of his  application  (Exhibit
E).

_________________________________________________________________

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 an injustice warranting partial  relief.
The applicant is requesting his RE  code  and  narrative  reason  for
separation be changed to allow him to reenlist in  military  service.
We note that the narrative reason for separation  was  in  accordance
with  the  applicable  regulations.   It  appears   there   is   come
culpability by both the applicant and  the  recruiter  regarding  the
issue of the applicant’s previous medical condition.  There  is  some
evidence the applicant’s recruiter was aware the applicant had  taken
medication for ADHD in the past.  However, we cannot  determine  with
any certainty whether the recruiter advised the applicant to withhold
this information which could  have  potentially  made  the  applicant
ineligible for enlistment.  In  any  event,  the  applicant  has  not
provided persuasive evidence indicating he did  not  understand  that
concealing this information was wrong.   Furthermore,  the  applicant
has not presented evidence  that  the  discharge,  with  its  ensuing
narrative  reason  was  not  consistent  with  the   procedural   and
substantive requirements of  the  discharge  authority  and  was  not
within the discretion of the  discharge  authority.   Therefore,  the
Board finds no compelling basis to warrant changing  the  applicant’s
narrative reason for separation.  However, the Board noted that while
the RE code assigned to the applicant at the time he  was  discharged
was  technically  correct  and  in  accordance  with  the   governing
regulation, the Board believes it  would  be  an  injustice  for  the
applicant to continue to suffer its effects.  It is noted that  DPPAE
recommended  not  changing  the  reenlistment  code,  but  the  Board
believes that the applicant should be  afforded  the  opportunity  to
apply for a waiver to enlist in the armed services.  Whether  or  not
he is successful will depend on the needs  of  the  service  and  our
recommendation in no way guarantees that he will be allowed to return
to the Air Force  or  any  branch  of  the  service.   Therefore,  we
recommend his reenlistment code be changed to “3K.”

_________________________________________________________________

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
discharge on 25 January 2005, he was issued a Reenlistment  Eligibility
Code (RE) of “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-02110 in Executive Session on 7 March 2006 under  the  provisions
of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Barbara R. Murray, Member
                       Ms. Kathleen B. O’Sullivan, Member

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

      Exhibit A. DD Form 149, dated 12 Jul 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 2 Aug 05.
      Exhibit D. Letter, SAF/MRBR, dated 5 Aug 05.
      Exhibit E. Letter, Applicant, undated.




                             JAMES W. RUSSELL III
                             Panel Chair





AFBCMR BC-2005-02110
INDEX CODE:  110.00




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 discharge on 25 January 2005, he was issued a Reenlistment
Eligibility Code (RE) of “3K.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency