RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02336
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 JANUARY 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be changed to honorable so that he can reenter the military
as an officer.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was pulled from his training squadron for possible dehydration. At
the hospital, they ran tests on him, and it was determined that he had a
very slight case of asthma. Prior to basic training he had no symptoms
whatsoever of asthma. The doctors at Lackland advised him that either
the weather or other stressful conditions could have possibly triggered
his asthma. The Chaplain referred him to Behavioral Analysis Services
(BAS) for a mental health evaluation. The mental health evaluator said
that he was a little stressed, but he had no symptoms of any major mental
disorders, including depression. He was asked if he had ever seen a
psychiatrist, not clearly understanding the term, he answered “yes,” as a
child he went to court-ordered family counseling, after his parents were
divorced. He did not see a psychiatrist, but rather a therapist, and
only on one occasion. It was recommended that he be returned to
training. Upon returning to his Squadron he was advised that he was
being processed for discharge for fraudulent entry, for not disclosing
his past mental conditions.
He had planned on making the military his whole life and career.
According to testing, he is borderline asthma, and it has never bothered
him since he has lived in Arkansas. He regrets that he did not clearly
understand the term “psychiatrist” in a sense that he confused it with a
therapist. He did not fraudulently enlist in the Air Force, and has
never been to a psychiatrist.
In support of his request, the applicant submitted a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty, a medical
statement from his pediatrician, a signed statement from his mother, a
statement from a licensed psychologist, and copies of separation
documents.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 15 Jul 03, for a period of
six years, in the grade of airman basic.
On 25 Aug 03, 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 and he would be ineligible for reenlistment in the
Air Force. The commander’s reason for the proposed action was that the
applicant failed to indicate that he had a history of mental health
treatment, which if revealed, could have rendered him ineligible to
enlist. The applicant acknowledged receipt of the notification on 25 Aug
03, and waived his option to consult legal counsel and submit statements
on his own behalf.
On 25 Aug 03, the Air Education and Training Command Chief of Adverse
Actions found the case file legally sufficient to support separation. On
26 Aug 03, the discharge authority approved the discharge and directed
the applicant be discharged with an uncharacterized entry-level
separation.
Applicant received an uncharacterized entry-level separation on 28 Aug
03, 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 failing to report his
history of psychological counseling. The applicant asserts he was seen
only one time for mental health counseling; however, at the time of his
Air Force mental evaluation he reported being seen from age 12 to 15. He
also submitted a medical statement that states he was seen from 1998 to
2000 for symptoms diagnosed as Adjustment Disorder with Depressed Mood.
The applicant asserts that the reason he answered the question in the
negative was because it was not a psychiatrist, it was one time, and he
did not have a serious mental illness. However, the question on DD Form
2807-1 is very clear inquiring about “counseling of any type.” The
applicant also reported pre-service breathing problems to Air Force
medical providers that he denied on his enlistment examination form.
Individuals who gain entry into military service by concealing
potentially disqualifying information are not suited for military
service. In addition, the applicant’s abnormal bronchoprovocation test
is also considered disqualifying as it demonstrates the presence of
reactive airways disease even though he may not manifest symptoms severe
enough to be diagnosed as asthma. Although the applicant may not have
had asthma in the strictest definition before entering the military, he
experienced symptoms of exercise induced shortness of breath both before
and after entering the service. The applicant’s symptoms before and
during training combined with his positive bronchoprovocation test
indicate that he is at higher risk for recurrent problems when subjected
to the rigors of military operational environments. The evidence of
record shows the applicant was having difficulty coping with military
training early in basic training and that his history of recurrent
Adjustment Disorder is unsuiting for military service and indicates he is
at risk for recurrent symptoms of Adjustment Disorder when exposed to the
rigors of military service. The fact that he may be functioning well at
this time at home does not predict that he will respond well to the
stresses of military operations, deployment, or combat when he is
separated from his familiar surroundings and usual support system of
family and friends. His past experience of difficulty coping with basic
training is predictive of an unacceptable risk for recurrence of symptoms
of Adjustment Disorder. The preponderance of the evidence of record does
not support the applicant’s request for change of records that would
enable him to reenter military service. 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 23 Aug 06, 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.
___________________________________________________________________
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.
___________________________________________________________________
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-2005-
02336 in Executive Session on 28 September 2006, under the provisions of
AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Grover L. Dunn, Member
The following documentary evidence pertaining to Docket Number BC-2005-
02336 was considered:
Exhibit A. DD Form 149, dated 2 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFBCMR Medical Consultant,
dated 22 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 23 Aug 06.
JAMES W. RUSSELL, III
Panel Chair
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