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AF | BCMR | CY2006 | BC-2005-03904
Original file (BC-2005-03904.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03904
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 June 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for separation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He disclosed his medical problems to his recruiter.  He  told  him  on
more than one occasion not to disclose this information to anyone, for
no one needed to know.

In support of the  appeal,  applicant  submits  a  notarized  personal
statement, a notarized statement of a witness, a copy of his  DD  Form
214, and a copy of his DD Form 293.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 15 February 2005 for  a
period of six years.

On 22 June 2005, the applicant’s commander notified him  that  he  was
recommending discharge from the Air Force for fraudulent  entry.   The
commander was recommending applicant receive an uncharacterized entry-
level separation based on the fact he intentionally concealed a  prior
service medical condition, which if revealed, could have  resulted  in
rejection of  his  enlistment.   Specifically,  the  applicant  had  a
history of Anaphylaxis (an unusual or exaggerated allergic reaction).

Applicant acknowledged receipt of the notification  of  discharge  and
waived  his  rights  to  consult  with  military  counsel  and  submit
statements in his own behalf.

The base legal office reviewed the case  file  and  found  it  legally
sufficient  to  support  discharge  and   recommended   applicant   be
discharged with an entry-level separation.

The discharge authority approved  the  separation  and  directed  that
applicant be discharged for fraudulent entry with  an  uncharacterized
entry-level separation.

The applicant was separated from the Air Force on 29 June  2005  under
the provisions of AFI 36-3208,  Administrative  Separation  of  Airmen
(fraudulent entry into  military  service),  with  an  uncharacterized
entry-level  separation.   Since   his   enlistment   was   considered
fraudulent, his total active service was non-creditable.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states, based on the documentation on file  in  the  master
personnel records, the discharge was consistent  with  the  procedural
and  substantive  requirements  of  the  discharge  regulation.    The
discharge was also within the discretion of  the  discharge  authority
and the narrative reason for separation is correct.   Therefore,  they
recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 January 2006, a copy of the Air Force evaluation  was  forwarded
to the applicant for review and response 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 an injustice in regards  to  applicant’s  request  for  a
change in  the  reason  for  his  separation.   It  appears  that  the
applicant informed his recruiter that he had a  medical  condition,  a
history of Anaphylaxis (an unusual or exaggerated allergic  reaction),
and  was  told  on  more  than  one  occasion  not  to  disclose  this
information to anyone, for no one needed to know.  However, in view of
the actions taken by the applicant prior to his enlistment, we do  not
believe his failure to reveal his medical  condition  was  fraudulent.
To the contrary, the applicant informed the Air Force that  he  had  a
medical condition prior  to  his  enlistment,  but  was  told  not  to
disclose the information to anyone.  As  stated  above,  we  find  the
separation  action  taken  against  the  applicant  was   appropriate;
however, the reason for his separation  appears  harsh  based  on  the
evidence  of  record.   Therefore,  we  believe  the  reason  for  his
separation should  be  changed  to  “Secretarial  Authority”,  with  a
separation code of “KFF”.  In view of the above findings, we recommend
his records be corrected to the extent 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 29  June  2005,  he
was discharged  under  the  provisions  of  AFI  36-3208,  Secretarial
Authority, and issued a Separation Program Designator of “KFF.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 9 March 2006, under the  provisions  of  AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Ms. Josephine L. Davis, Member
              Mr. James A. Wolffe, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2005-03904 was considered:

   Exhibit A.  DD Form 149, dated 18 Dec 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 11 Jan 06.
   Exhibit D.  Letter, SAF/MRBR, dated 20 Jan 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair







AFBCMR BC-2005-03904





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 APPLICANT, be corrected to show that on 29 June
2005, he was discharged under the provisions of AFI 36-3208,
Secretarial Authority, and issued a Separation Program Designator of
“KFF.”






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency


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