RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01417
            INDEX CODE:  110.02
      XXXXXXXXXXXX     COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,
narrative reason  of  “Fraudulent  Entry  into  Military  Service”  and  his
separation code of “JDA” be changed to  not  medically  qualified  or  other
similar reason.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not lie to his recruiter about his  past  history  of  enuresis  (bed
wetting).  This was an unforeseen  medical/physical  problem  that  impaired
his ability to serve in the Air Force.  His childhood enuresis had  resolved
itself before he reached the age of ten.  He had no  prior  incidents  until
he reached basic training.   He  answered  truthfully  on  all  the  medical
questionnaires concerning this issue.

In support of his request, applicant provides a copy of his DD Form 214  and
copies of documents associated with his administrative discharge.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 3 Mar 04.

On 30 Mar 04, the applicant  was  seen  for  evaluation  at  the  Behavioral
Analysis Service (BAS) after a medical referral for evaluation  of  possible
enuresis.  A mental health evaluation was completed by Wilford Hall  Medical
Center, Behavioral Analysis Service, who diagnosed the applicant  as  having
an adjustment disorder with anxiety and  enuresis,  nocturnal  and  diurnal.
The recommendation to the commanding officer was  to  expeditiously  process
him for administrative separation.

On 6 Apr 04, in accordance with AFPD  36-32  and  AFI  36-3208,  Chapter  5,
Section 5CB, Defective Enlistments, paragraph 5.15, Basis for Discharge  for
Fraudulent Entry, the commander initiated discharge proceedings against  the
applicant.  The applicant was advised of his rights  in  this  matter.   The
applicant waived his right to  counsel  and  to  submit  statements  in  his
behalf.  In a legal review of the discharge case  file,  the  deputy  chief,
adverse actions found it legally sufficient and  recommended  the  applicant
be discharged from the Air Force with an entry-level separation.  On  7  Apr
04, the discharge authority directed the applicant be  discharged  from  the
Air Force with an entry-level separation.  The applicant was  discharged  on
12 Apr 04 with  a  Separation  Code  of  “JDA”  and  an  RE  code  of  “2C.”
(Involuntarily  separated  with  an  honorable  discharge;  or  entry  level
separation without characterization of service).

_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ  AETC/SGPS  recommends  approval.   SGPS   advises   they   support   the
applicant’s request to change his RE code from “fraudulent  entry”  to  “not
medically qualified.”  The AETC/SGPS complete evaluation is at Exhibit C.

AFPC/DPSOA recommends  approval.   DPSOA  believes  the  applicant  did  not
intentionally lie about his childhood condition  but  believed  since  there
was no history in the last several years the condition was resolved.   DPSOA
recommends a more appropriate RE code or to change the  applicants  RE  code
to 3K  –  Reserved  for  use  by  the  AFBMCR  when  no  other  reenlistment
eligibility  code  applies  or  is  appropriate.   The  AFPC/DPSOA  complete
evaluation, with attachments, is at Exhibit D.

AFPC/JA recommends approval.  JA  advises  that  to  label  the  applicant’s
conduct as “fraudulent,” appears to be  unsupported  by  the  facts  and  is
manifestly unfair.  An airman who has the medical condition of enuresis  may
be discharged when the commander determines that  the  condition  interferes
with the airman’s assignment or  duty  performance.   The  AFPC/JA  complete
evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  2
Nov 07 for review and comment within 30 days.  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 an injustice.  After reviewing the evidence of record,  we  are
persuaded that the applicant did not  intentionally  lie  to  his  recruiter
regarding his past history of enuresis; but, as  the  applicant  states,  he
had no prior incidents until he reached basic training.  We agree  with  the
legal advisory opinion which states that to label  the  applicant’s  conduct
as “fraudulent” appears to be unsupported by the facts.  In  view  of  this,
and to preclude any further injustice  to  the  applicant,  we  believe  any
doubt in this matter  should  be  resolved  in  his  favor.   Therefore,  we
recommend  the  narrative  reason  for  his  separation  and   corresponding
separation code be changed to reflect “Secretarial Authority.”

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 12 April 2004, he  was  discharged
under the provisions of AFI 36-3208, paragraph 1-2 (Secretarial  Authority),
with a Separation Program Designator (SPD) Code of KFF.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-01417
in Executive Session on 18 Dec 07, under the provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Anthony P. Reardon, Member
      Ms. Marcia J. Bachman, Jr, Member

All members voted to correct the  records  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2007-01417   was
considered:

     Exhibit A.  DD Form 149, dated 26 Apr 04 [sic], w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AETC/SGPS, dated 16 Aug 07.
     Exhibit D.  Letter, AFPC/DPSOA, dated 27 Sep 07.
     Exhibit E.  Letter, AFPC/JA, dated 26 Oct 07.
     Exhibit F.  Letter, SAF/MRBR, dated 2 Nov 07.




                                  MICHAEL J. NOVEL
                                  Panel Chair
AFBCMR BC-2007-01417




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 XXXXXXXXXXXXXXXX, be corrected to show that on 12 April 2004,
he was discharged under the provisions of AFI 36-3208, paragraph 1-2,
(Secretarial Authority) with Separation Program Designator (SPD) Code of
KFF.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency