RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03769
		INDEX CODE:  110.00
		
		COUNSEL:  XXXXXXXXXXXXXX
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her narrative reason for separation be changed. 

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APPLICANT CONTENDS THAT:

She completed her enlistment and medical forms in the manner she 
was told to by her recruiter.  She was advised by her recruiter 
not to mention her medical condition.

In support of her request, applicant provided a copy of her     
DD Form 214, Certificate of Release or Discharge from Active 
Duty, and two letters of support.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 Sep 07, for a 
period of four years, in the grade of airman first class.

On 24 Sep 07, the squadron commander notified the applicant that 
he was recommending she be discharged from the Air Force for 
fraudulent entry into the military.  His reason for the proposed 
action was that the applicant intentionally concealed a prior 
service medical condition, which if revealed, could have 
resulted in rejection of her enlistment.  The Air Force 
discovered that she has a history of recurrent cystitis.  This 
medical condition could have rendered her ineligible to enlist 
in the Air Force.  The applicant acknowledged receipt of the 
notification on 24 Sep 07, and waived her option to consult 
legal counsel and submit statements on her own behalf.  

On 25 Sep 07, the case file was found legally sufficient to 
support separation.  On 26 Sep 07, the discharge authority 
approved the discharge and directed she be discharged with an 
uncharacterized entry-level separation.  On 28 Sep 07, she 
received an uncharacterized entry-level separation under the 
provisions of AFI 36-3208, by reason of fraudulent entry into 
military service, and was issued a reenlistment eligibility code 
of 2C [involuntarily separated with an entry-level separation].  
Since her enlistment was considered fraudulent, her total active 
service was non-creditable.

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AIR FORCE EVALUATION:

HQ AFPC/DPSOS recommends denial.  DPSOS states based on the 
documentation on file, the discharge was consistent with the 
procedural and substantive requirements of the discharge 
regulation.  The discharge was within the discretion of the 
discharge authority.  She provided no evidence of an error or 
injustice that occurred during her discharge processing and she 
provided no facts warranting a change to her narrative reason 
for separation.

While the applicant’s 20 Sep 07 statement contradicts the 
letters she provided with her petition with regard to whether 
her recruiter knew of the medical condition, all the evidence 
shows that the applicant deliberately concealed a medical 
condition that might have resulted in her rejection from the 
service.

A fraudulent enlistment is a defective enlistment.  A member may 
be separated on the basis of procurement of a fraudulent 
enlistment, induction, or period of military service through any 
deliberate material misrepresentation, omission, or concealment 
that if known at the time of enlistment, or entry into a period 
of military service, might have resulted in rejection.  The 
fraud may occur at any time in the enlistment process; for 
example when airmen are asked to fill out forms.  

The complete DPSOS evaluation is at Exhibit C.

HQ AFPC/RSOPA recommends denial.  RSOPA states after reviewing 
the facts in the application they agree that the fraudulent 
entry with an uncharacterized entry-level separation should be 
upheld.

During her initial processing, she had several opportunities to 
disclose the fact that she has recurrent cystitis and had been 
on medication since the age of 15.  On 20 Sep 07, she made an 
official statement saying that she was aware that she had 
recurrent cystitis at age 15 in 2005 and was seen by a 
physician.  She was seen on multiple dates and was prescribed 
various medications to treat her condition.  She also stated 
that she did not inform her recruiter of this fact because she 
did not want to take a chance on being disqualified from the Air 
Force.  She thought that she could keep her medical condition 
under control.

The complete RSOPA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 May 08, copies of the Air Force evaluations were forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received.

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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 opinions and 
recommendations of the Air Force offices of primary 
responsibility and adopt their 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.


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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.

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The following members of the Board considered Docket Number    
BC-2007-03769 in Executive Session on 9 Jul 08, under the 
provisions of AFI 36-2603:

	Ms. XXXXXXXXXXXXX, Panel Chair
	Mr. XXXXXXXXXXXXX, Member
	Ms. XXXXXXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number 
BC-2007-03769 was considered:

    Exhibit A.  DD Form 149, dated 16 Nov 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS, dated 21 Apr 08.
    Exhibit D.  Letter, AFRS/RSOPA, dated 5 May 08
    Exhibit E.  Letter, SAF/MRBR, dated 16 May 08.




								XXXXXXXXXXXXXXXX 
								Panel Chair