RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01708
            INDEX CODE: 100.06
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 Dec 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

The  Reenlistment  Eligibility  (RE)  code  and   Separation   Program
Designator (SPD) code/narrative reason on his DD Form 214  be  changed
so he may reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not include information about his  1991  high  school  football
knee injury based on the advice of his recruiter  and  the  Air  Force
representative at his entrance processing in Houston TX.   The  reason
both men gave was because  the  injury  did  not  require  surgery  or
involve broken bones.  He  was  advised  to  report  an  elbow  injury
suffered the following year because there was a bone fracture involved
and this is documented.  At Lackland AFB, he suffered  a  knee  injury
while running that caused some swelling and discomfort.  When asked if
he had ever had any type of knee problems in the  past,  he  told  the
doctors about the 1991 injury.  He decided  to  waive  submitting  any
statements  because  he  was  told  any  challenges  to  the  proposed
discharge could take considerable time and  he  would  be  left  in  a
medical hold squadron until then.  By the time he separated, his  knee
was completely healed and he has had no problems since.   He  believes
he could pass any physical and wants another opportunity to  serve  in
the Air Force.

In support of his request, applicant provided copies of his  discharge
package.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On  his  13 Oct  88  enlistment  entrance  exam  form,  the  applicant
indicated he had no health problems, had  no  history  of  swollen  or
painful joints, tricked or locked knee, and had  sustained  no  broken
bones except for a broken arm when he was  14.   He  enlisted  in  the
Regular Air Force on 10 Mar 99.

A follow-up medical entry by the Reid Health Service Center,  Lackland
AFB, dated 23 Mar 99, reported that on 16 Mar 99,  the  applicant  had
felt a pop in his left knee when running, had some  initial  swelling,
stopped running, was unable  to  walk,  and  was  transported  to  the
clinic.  The  entry  noted  that  5-6  years  ago  the  applicant  had
“strained cartilage and 12 microfractures.”  X-ray from 16 Mar 99  had
no final report but appeared to be negative.  Assessment was  patellar
subluxation, a  disqualifying  physical  condition,  possibly  existed
prior to entry, not permanently  aggravated  by  training  beyond  the
normal progression  of  the  ailment.   Recommendation  was  Med-Hold,
physical therapy consult, and administrative separation.

On 30 Mar 99, the applicant was notified of his commander’s intent  to
recommend entry level separation for fraudulent entry,  based  on  the
applicant’s  intentional  concealment  of  a  prior  service   medical
condition which, if revealed, could have resulted in rejection of  his
enlistment.  The applicant waived his  right  to  consult  counsel  or
submit statements for consideration.

On 5 Apr 99, the discharge authority approved  the  recommended  entry
level separation.  The applicant was separated on 6 Apr 99 and  issued
an RE code of 2C  (Involuntary  honorable  discharge  or  entry  level
separation, uncharacterized service), and an SPD code/narrative reason
of JDA/Fraudulent Entry into Military Service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  The applicant  did  not  submit  any
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  The applicant’s  uncharacterized  character  of
service  is  correct  and  in  accordance  with  DOD  and  Air   Force
instructions.

The complete HQ AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 14 Jul 06 for review and comment within 30 days  (Exhibit
D).  As of this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice to  warrant  recommending  partial
relief.  The applicant’s RE code is correct because he had  less  than
180 days of active service when he  was  properly  separated  with  an
uncharacterized  entry  level  separation.   He  was  recommended  for
separation after a left knee injury during basic training  revealed  a
disqualifying physical condition brought about by an injury  sustained
in 1991 prior to his entering active duty. The applicant has not shown
the Air Force medical assessment of his condition  was  incorrect  and
that he was, or is now, fit for military service.  However, we do  not
believe he intentionally misled the Air Force about  his  high  school
knee injury when he enlisted as he appeared  to  be  very  forthcoming
about it when he sustained the second injury, and he had disclosed the
broken arm he sustained when he was 14.  We  find  it  reasonable  the
applicant, his recruiter, and the  in-processing  official  concluded,
mistakenly, that the earlier injury was insignificant.  While we  find
no reason to alter the applicant’s RE code, we do feel  the  narrative
reason of “fraudulent enlistment” is a stigma that  probably  unfairly
misrepresents the  circumstances  of  his  enlistment  and  should  be
changed to a more innocuous statement.  Therefore,  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 the APPLICANT be corrected to show  that,  in  conjunction
with his entry level separation on  6 April  1999,  he  was  issued  a
separation program designator code of “JFF,” rather than “JDA,” and  a
narrative reason for separation  of  “Secretarial  Authority,”  rather
than “Fraudulent Entry into Military Service.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 24 October 2006 under the provisions of  AFI  36-
2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Josephine L. Davis, Member
                 Mr. Alan A. Blomgren, Member

All  members  voted  to  correct  the  records,  as  recommended.  The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2006-01708 was considered:

   Exhibit A.  DD Form 149, dated 31 May 06, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Jun 06.
   Exhibit D.  Letter, SAF/MRBR, dated 14 Jul 06.




                                   JAY H. JORDAN
                                   Panel Chair


AFBCMR BC-2006-01708




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, in
conjunction with his entry level separation on 6 April 1999, he was
issued a separation program designator code of “JFF,” rather than
“JDA,” and a narrative reason for separation of “Secretarial
Authority,” rather than “Fraudulent Entry into Military Service.”





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency