RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01998
            INDEX CODE:  100.03, 100.06
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 9 JANUARY 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment  eligibility  (RE)  code  be  changed  so  he  may  reenter
military service.

________________________________________________________________

APPLICANT CONTENDS THAT:

He wanted to stay in the Air Force at the time of  his  enlistment.  He  was
told by the recruiter  not  to  mention  his  back  problem.  He  has  since
completed the police academy.

In support of his request,  applicant  provided  a  copy  of  DD  Form  214,
Certificate of Release or Discharge From Active Duty.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  on  24  November  1998  for  a
period of four years.

On 17 December 1998, he was notified by his commander  he  was  recommending
he be separated from the Air Force for fraudulent entry. The basis  for  the
commander's recommendation was applicant  intentionally  concealed  a  prior
service medical  condition,  which  if  revealed,  could  have  resulted  in
rejection of his enlistment. Specifically, when the applicant completed  the
Standard Form 93, Report of  Medical  History,  he  answered,  "no"  to  the
question "have you ever had or  have  you  recurrent  back  pain?"  He  also
checked "no" to the question have you consulted or been treated by  clinics,
physicians, healers, or other practitioners within the past five  years.  On
2 December 1998,  applicant  was  seen  in  the  Orthopedic  Clinic  and  he
reported he had thoracic to lumbar pain for the past two years.



He acknowledged receipt of the notification  of  discharge  and  waived  his
right to consult with  legal  counsel  and  submit  statements  in  his  own
behalf. The discharge authority approved the  separation  and  directed  the
applicant be separated with an uncharacterized entry-level separation.

On 23 December 1998, the applicant was separated from the  Air  Force  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/DPPPRS recommends denial and states the discharge was  consistent  with
the procedural and substantive requirements of the discharge regulation  and
was within the discretion of the discharge  authority.   The  applicant  did
not submit any evidence or identify any errors in his discharge  processing.
 He provided no facts warranting a change to his RE code.

AFPC/DPPRS's complete evaluation is at Exhibit C.
________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated  that  after  leaving
the military, he has worked in law  enforcement  at  the  Greenville  Police
Department, attended a rigorous eight-week police academy, and is  currently
employed at the Morristown Police Department.  He  has  attached  copies  of
his physical exam he had performed prior to being hired  at  the  Morristown
Police Department which was required to become employed as  an  officer.  He
has also included post service letters.

Applicant's complete response, with attachments, is at 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 injustice. After a thorough review of the  evidence  of  record
and the applicant’s complete submission, the Board is of the  opinion  there
was no deliberate deception on the part of  the  applicant  upon  his  entry
into the Air Force. While the RE code assigned  to  the  applicant,  at  the
time  was  technically  correct  and  in  accordance  with  the   applicable
instructions, we believe it would be an injustice for  him  to  continue  to
suffer its effects in the way  of  enlistment  opportunities  in  the  armed
forces.  Furthermore, we  find  it  appropriate  that  he  be  afforded  the
opportunity to apply for a waiver to enlist in the armed services and  allow
him the opportunity to further serve his country.   Whether  or  not  he  is
successful will depend on the needs of the services and  our  recommendation
in no way guarantees that he will be allowed to  return  to  any  branch  of
service.   Accordingly,  we  recommend  that  the  applicant’s  records   be
corrected as 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       23  December  1998,  he  was
separated under the provisions of AFI 36-3208,  paragraph  1.2  (Secretarial
Authority) with a separation code of  JFF  and  a  reenlistment  eligibility
(RE) code of 3K.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-01998
in Executive Session on 21 September 2006, under the provisions of  AFI  36-
2603:

      Mr. Michael Gallogly,  Panel Chair
      Mr. Dean Yount, Member
      Mr. Gregory Parker, Member

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


     Exhibit A.  DD Form 149, dated 26 Jun 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 17 Jul 06.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Jul 06.
     Exhibit E.  Applicant's response, dated 11 Aug 06.



                                  MICHAEL GALLOGLY
                                  Panel Chair








AFBCMR BC-2006-01998




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 23 December
1998, he was separated under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a separation code of JFF and a reenlistment
eligibility (RE) code of 3K.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency