RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-02179
            INDEX CODE: 112.10
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of “2C” which denotes  "Involuntarily
separated with an honorable discharge; or  entry  level  separation  without
characterization of service" be changed to “4C” "Separated  for  concealment
of juvenile records, failure to  meet  physical  standards  for  enlistment,
failure to attain a 9.0 reading level as measured by the Air  Force  Reading
Abilities Test (AFRAT), or void enlistments."

________________________________________________________________

APPLICANT CONTENDS THAT:

She was not aware of the severity of her medical condition  and  for  years
did not have any symptoms until she attended Basic Military Training (BMT).

In support of her request, the applicant submits excerpts from her  medical
records and DD Form  293,  Application  for  the  Review  of  Discharge  or
Dismissal from the Armed Forces of the United States.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 29 May 2007 in the  grade  of  airman
basic.

On 18 June 2007, she was notified by her commander that he was  recommending
she be discharged for Fraudulent Entry.  It  appears  the  specific  reasons
for this action was that she had back problems  prior  to  entry  on  active
duty but failed to disclose these problems until she was in  BMT.   She  was
asked on her medical history form “Have you ever had  or  do  you  now  have
recurrent back  pain  or  any  back  problem”  and  she  checked  “No.”   On
25 February 2002, when she was 15 years old, she had  a  magnetic  resonance
imaging (MRI) and was diagnosed with spina bifida of the sacrum.   While  in
BMT the stress of physical activity began to  interfere  with  her  training
and she sought medical care.  She admitted to having spina bifida  prior  to
entering active duty  and  due  to  increased  symptoms  and  the  need  for
treatment for this diagnosis, she was recommended for separation.

On 18 June 2007, she waived her right to consult counsel and elected not  to
submit statements on her own behalf.

On 25 June 2007, she was discharged in the grade of  airman  basic  with  an
uncharacterized entry-level separation.

Her narrative reason for separation  was  "Fraudulent  Entry  into  Military
Service."

She served 28 days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AETC/SGPS states based on the files sent with  the  applicant’s  request,
all  medical  treatment  provided  and  administrative  actions  taken  were
proper, in accordance with policy, and were in  the  best  interest  of  the
individual and the Air Force.  In addition, SGPS states if the  findings  of
the Board are in favor with the applicant, they can support her  request  to
change her RE Code from “Fraudulent Entry” to "Not Medically Qualified.”

The complete SGPS evaluation is at Exhibit C.

HQ AFPC/DPPAE  recommends  denial.   DPPAE  states  there  is  no  error  or
injustice noted.  The applicant states she was unaware of  the  severity  of
the condition, but failed to  disclose  the  condition  upon  enlisting  and
states she did not disclose the condition because she  thought  the  illness
was taken care of with  medication.   The  applicant’s  15  June  2007  memo
clearly shows the applicant was aware of her condition in  2001;  therefore,
this is not a childhood condition  that  she  had  no  prior  knowledge  of.
Additionally, she does not qualify for the “4C” RE  code  as  her  condition
existed prior to service and was known by her.

The complete DPPAE evaluation, with attachments, is at Exhibit D

HQ AFPC/DPSOS recommends denial.  DPSOS states the discharge was consistent
with  the  procedural  and  substantive  requirements  of   the   discharge
regulation.  The discharge was within the sound discretion of the discharge
authority.  She did not submit any new evidence or identify any  errors  or
injustices that occurred in her discharge processing.  DPSOS states  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 (DoD) 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.   Therefore,
her uncharacterized character of service is correct and in accordance  with
DoD and Air Force instructions.  She provided no facts warranting a  change
to her character of service.

The complete DPSOS evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  7
December 2007 for review and comment within 30 days.  As of this date, this
office has received no response (Exhibit F).

______________________________________________________________

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 an error or  an  injustice  to  warrant  partial  relief.   The
applicant was discharged from the  Air  Force  for  failure  to  disclose  a
medical problem prior to entry onto active duty.  However, it appears to  us
that she did  not  intentionally  hide  her  childhood  history  of  a  back
problem,  but  because  she  was  treated   simply   with   over-the-counter
medication and had  not  had  a  recurrence,  she  apparently  believed  the
problem  had  been  resolved.   As  such,  we  believe  that   the   adverse
consequences of the label "fraudulent entry" unjustly describes her term  of
service and therefore we recommend her  records  be  corrected  to  indicate
"Secretarial Authority" as the narrative reason for her separation with  the
corresponding RE code of 3K.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 25 June 2007, she was  discharged
under the provisions of AFI 36-3208, paragraph 1-2, (Secretarial  Authority)
with a Separation Program Designator (SPD)  Code  of  KFF  and  reenlistment
eligibility (RE) code of 3K.

________________________________________________________________

The following members of the Board considered Docket  Number  BC-2007-02179
in Executive Session on 22 January 2008, under the provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Grover L. Dunn, Member
      Mr. James A. Wolffe, Member

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

      Exhibit A.  DD Form 149, dated 28 June 2007, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AETC/SGPS, dated 30 October 2007.
      Exhibit D.  Letter, HQ AFPC/DPSOA, dated  15  November  2007,
w/atchs.
      Exhibit E.  Letter, HQ AFPC/DPSOS, dated 29 November 2007.
      Exhibit F.  Letter, SAF/MRBR, dated 7 December 2007.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office of the Assistant Secretary

AFBCMR BC-2007-02179




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  25  June  2007,
she was discharged under the  provisions  of  AFI  36-3208,  paragraph  1-2,
(Secretarial Authority) with a Separation Program Designator (SPD)  Code  of
KFF and reenlistment eligibility (RE) code of 3K.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency