RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04111
COUNSEL:
HEARING DESIRED: YES
______________________________________________________________
APPLICANT REQUESTS THAT:
1. His separation code of JDA, which denotes Fraudulent Entry
into Military Service, be changed to JFV, which denotes
Conditions Not a Disability.
2. The verbiage "not disclosed at MEPS" and "mid back pain
existing prior to enlistment," be removed from his Chronological
Record of Medical Care.
3. The verbiage, "you intentionally concealed a prior service
medical condition, be removed from paragraph 2 of the
Notification Memorandum, dated 22 Mar 2010.
4. The verbiage, "pre-existing condition," be removed from his
Basic Training Record, entry 3, dated 9 Mar 2010.
5. Any and all references that he intentionally concealed a
prior service medical condition or that he had a pre-existing
condition be removed from his records.
______________________________________________________________
APPLICANT CONTENDS THAT:
The narrative reason for separation and the separation code are
unjust and based on assumption, not facts or evidence. It
mischaracterizes the events, his intent and disclosure at the
Military Entrance Processing Station (MEPS), as well as his
reputation of moral integrity.
While at Basic Military Training (BMT), he required medical
attention after an accidental blow to the groin and was unable
to return to BMT until the medical issues were resolved.
His separation was based on the misinterpretation of notes in
his civilian medical records from an appointment made 17 months
prior to his completing DD Form 2807-1, Report of Medical
History, at the MEPS.
Civilian medical records, X-rays, and magnetic resonance imaging
(MRI) verify that he had no pre-existing conditions prior to
entering the Air Force.
His civilian medical documents support his response of No, to
DD Form 2807-1, question 12c, Have you ever had or do you now
have recurrent back pain, or any back problem. He took
additional measures to verify the intent of this question with a
MEPS staff member. His answers were thought out and honest.
He was in a car accident in Dec 2007 and was seen by his
physician. He was advised to apply heat and take ibuprofen.
In Feb 2008, he again went to his physician. The sole purpose
of the visit was to verify there were no recurrent medical
issues prior to signing an insurance liability waiver following
the car accident.
In support of his request the applicant provides a personal
statement, a sworn statement from his parents, copies of his DD
Form 214, Certificate of Release or Discharge from Active Duty,
DD Form 2807-1, Basic Training Record, and various other
documents in support his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
On 23 Feb 2010, the applicant enlisted in the regular Air Force.
On 22 Mar 2010, his commander notified him he was recommending
he be discharged under the provisions of AFI 36-3208. The
specific reason for this action was he intentionally concealed a
prior service medical condition, which if revealed, could have
resulted in rejection of his enlistment.
On 22 Mar 2010, the applicant acknowledged receipt of the
discharge notification.
On 25 Mar 2010, he received an entry level separation with an
uncharacterized character of service. The narrative reason for
separation was Fraudulent Entry into Military Service. He
served one month and three days of total active service.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letters prepared by the appropriate offices of the Air
Force at Exhibits C, and D.
______________________________________________________________
THE AIR FORCE EVALUATION:
HQ AETC/SGPS recommends approval in changing the applicants
separation code. SGPS states, the separation process was done
in accordance with established policy and administrative
procedures. However since he now meets current medical criteria
for military duty, they support a change of the applicants
separation code.
SGPS states during BMT, the applicant had thoracic back pain as
a result of a groin injury and was evaluated at the base medical
center. His symptoms continued and he was assigned to the
medical hold unit pending resolution. During his evaluation, he
disclosed he was involved in a vehicle accident two years prior
to BMT, and had at least two occurrences of back pain prior to
entering the military. When his symptoms didn't subside it was
determined that he could not continue in BMT and was processed
for an entry level separation. He did not want his case
reviewed for a possible medical waiver and was separated from
the military on 25 Mar 2010. Following separation he was
evaluated by his private physician and showed no spinal defects,
or injury and was cleared for full physical activities.
Although, he was involved in a motor vehicle accident prior to
entering BMT, he did not disclose this to the Chief Medical
Officer at the MEPS, and feels that none of the back pain
incurred in BMT was a result of the prior motor vehicle
accident.
The complete SGPS evaluation is at Exhibit C.
HQ AFPC/DPSOS recommends denial. DPSOS states that based on the
documentation in the applicants master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority. They concur that
fraudulent enlistment was the correct basis for discharge.
The complete DPSOA evaluation is at Exhibit D.
______________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The notification memorandum he received from his commander on
22 Mar 2010 was the first time he heard the term "fraudulent
entry." As a trainee he did not contradict his commander and
understood the document was only a recommendation. He did not
pursue legal counsel as he was advised by medical personnel to
accept the uncharacterized entry level separation and return
home for treatment for the injury that occurred during BMT. He
knew he could address the review board, should the commander's
recommendation be upheld. However, he received no other
notification regarding the reason for separation until he
received his DD Form 214. His issue is not with the
"Uncharacterized entry-level separation," it is with the
separation code and narrative reason for separation which
reflects a negative characterization.
The SGPS advisory cited, 1 Mar 2010 "mid-back pain existing
prior to enlistment that requires limitation of physical
activity," is not supported by his physicians notes dated
26 Feb 2008 through 29 May 2008, and the physicians letter
dated, 11 Jun 2010. These documents confirm he did not ever
have back problems. There was only one occurrence of minor back
pain on 26 Feb 2008, treated with heat and ibuprofen. A
physical examination and x-ray along with a follow up visit on
7 Mar 2008 verified he did not have a back problem. His next
visit on 29 Mar 2008 was for an injury to his finger. His low
back pain was resolved.
The SGPS advisory opinion confirms his thoracic back pain as a
result of a groin injury," which occurred during BMT. There is
no history of recurrent back pain or back problems. He never
had any physical restrictions regarding his back until the groin
injury that resulted in thoracic back pain during BMT.
Three civilian physicians, including a Specialist in Spine
Surgery and General Orthopedics indicated through examination,
X-rays and MRI that he did not, nor ever had a back problem or
injury. Although he was treated a second time after separation
for the groin injury he did not experience back problems or
limitations.
Based on the additional facts and documentation contained in his
request, and his response, he respectfully asks the Board to
correct/change his separation code and narrative reason for
separation from JDA, which denotes Fraudulent Entry" to a code
of JFV, which denotes Conditions Not a Disability (or a
current similar code) that reflects the actual reason he could
not continue in BMT.
His complete response, with attachments, is at 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 injustice warranting
partial relief. After reviewing the applicants contention, we
believe the possibility exists that the applicant misunderstood
what information was required to be noted on the DD Form 2807-1, Report of Medical History. It appears he may have requested
help from the MEPS to verify the intent of the question. Since
the possibility exists the applicant did in fact answer the
questions honestly, we recommend any and all references in his
record pertaining to fraudulent enlistment" or a preexisting
condition during the month of March 2010 be removed from his
records. Furthermore, we note the applicant requests his
narrative reason for separation and code be changed to JFV,
Conditions Not a Disability, however, we believe that code
KFF, which denotes Secretarial Authority is more appropriate.
Therefore, we recommend his records be corrected to the extent
indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that:
a. On 25 Mar 2010, he was separated under the provisions of
AFI 36-3208, paragraph 1.2 (Secretarial Authority), with a
separation program designator (SPD) code of KFF.
b. Any and all reference that he intentionally concealed a
prior service medical condition or that he had a preexisting
condition be removed from his records.
______________________________________________________________
The following members of the Board considered Docket Number BC-
2011-04111 in Executive Session on 10 Jul 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered in AFBCMR BC-2011-
04111:
Exhibit A. DD Form 149, dated 29 Sep 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 9 Dec 2011.
Exhibit D. Letter, AFPC/DPSOS, dated 2 Feb 2012.
Exhibit E. Letter, SAF/MRBR, dated 19 Mar 2012.
Exhibit F. Letter, Applicant, dated 16 Apr 2012, w/atchs.
Panel Chair
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