RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01195
                       INDEX CODE:  110.00
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 21 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation of "Fraudulent Entry into Military
Service" be changed to a nondiscriminating medical code.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He had not had back  problems  in  sometime  and  when  asked  by  his
recruiter if he had perfect health, his answer was yes.  Had he  known
his back was going to give him trouble, he would not have joined, only
to know he would fail. Also like other men  and  women,  he  made  the
choice to fight for his freedom and knew that  it  might  require  his
life, which he was proud to do if needed and understood  the  decision
he had made. He takes pride in being an upstanding young man, and when
potential  employers  see  fraudulent  on  his  DD  Form   214,   they
automatically think that he would lie, cheat, or steal from  them  and
that  is  not  his  character.  He  is  not  requesting  any  kind  of
compensation or benefits; all he would like is to have  his  narrative
reason changed to a nondiscrminating medical code.

In support of his application, applicant provided a  copy  of  Special
Order AC-1798 and DD Form 214, Certificate  of  Release  or  Discharge
from Active Duty.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
15 October 2002 for a term of 4 years.

On 6 May 2004, the commander notified the member  that  he  was  being
discharged for fraudulent entry into the Air Force.  The basis for the
commander's recommendation was  applicant  intentionally  concealed  a
prior service medical condition which if reveal, would  have  resulted
in rejection of his enlistment.

Applicant acknowledged  receipt  of  the  notification  of  discharge,
waived his right to legal counsel and submit  statements  in  his  own
behalf.  The case was reviewed by the base legal services and found to
be legally sufficient to support the discharge.  The base legal office
reviewed  the  case  and  found  it  legally  sufficient  to   support
separation and recommended applicant be separated with an  entry-level
separation.  The  discharge  authority  approved  the  separation  and
directed the applicant be separated  with  an  uncharacterized  entry-
level separation

On 14 May 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 in the grade of airman first class.
He served 5 months and 26 days of inactive service

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated that airmen are given  entry-
level   separation/uncharacterized   service   characterization   when
separation is initiated in the first 180  days  of  continuous  active
service.  The Department of Defense determined if a member served less
than 180 days of continuous active service, it would be unfair to  the
member and the service to characterize  their  limited  service.   The
applicant did not submit any new evidence or identify  any  errors  or
injustices that occurred in the discharge  process.   He  provided  no
facts warranting a change his fraudulent entry code.

AFPC/DPPRS complete evaluation is at Exhibit C

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
26 May 2006 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 provided to demonstrate  the
existence of an injustice that would warrant a change  in  the  reason
for separation.  We note that the separation action taken against  the
applicant was in accordance with the applicable instruction.  However,
after reviewing the evidence of record, it is  our  opinion  that  the
narrative reason improperly labels the reason for his  discharge.   In
this respect, it appears to  us  that  the  current  reason  could  be
misconstrued to infer that his separation was due to actual defrauding
the government instead of an unsuiting physical or medical  condition.
Therefore, in order to correct an injustice of improperly labeling the
applicant, his narrative reason for separation should be corrected  to
accurately reflect the circumstances of his separation, and  recommend
that  the  narrative  reason  for  his  separation  and  corresponding
separation code be  changed  to  reflect  “Erroneous  Enlistment.”  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.  Accordingly,  we
recommend that 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 22  June  2006,  he
was  separated  under  the  provisions  of  AFI   36-3208,   paragraph
5.14.,"Erroneous Enlistment" with a separation code of JFC.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
01195 in Executive Session on 22 June 2006, under  the  provisions  of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Glenda H. Scheniner, Panel Member
                 Mr. Alan A. Blomgren, Panel Member

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

      Exhibit A.  DD Form 149, dated 10 Apr 2006, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 2 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 26 May 06.




      THOMAS S. MARKIEWICZ
      Chair


AFBCMR BC-2006-01195





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 XXXXXXX, XXXXXXX, be corrected to show that on 14
May 2004, he was separated under the provisions of AFI 36-3208,
paragraph 5.14, "Erroneous Enlistment" with a separation code of JFC.




            JOE G. LINEBERGER
            Director
                                                   Air Force Review
Boards Agency