RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04894

		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His separation program designator (SPD) code of “JDA,” narrative reason for separation of “fraudulent entry into military service,” and reentry (RE) code of 2C (involuntarily separated with uncharacterized character of service) be changed to allow him to reenlist.



APPLICANT CONTENDS THAT:

He was unjustly given an entry-level separation (ELS) for fraudulent entry after doing what his recruiter told him to do.  He told his recruiters he had mild asthma around age five, and made them aware of his attention deficit hyperactivity disorder (ADHD) situation.  He was never diagnosed with ADHD, but took Ritalin because he was acting up in school.  The recruiter told him not to list anything about the asthma or ADHD.  He never lied to the Military Entry Processing Station (MEPS).  When Air Force doctors found out about his medical history, he was accused of lying.  He wanted to speak to an Area Defense Council (ADC), but was told if he did, he would go to federal prison, so he asked to be discharged instead.  He has submitted the results of a respiratory exam to prove he does not have asthma, and the results of a private psychiatric evaluation to show he doesn’t have ADHD.  Had he known he needed to have waivers approved for any medical conditions, he would have done so.  He only wishes to serve his country. 

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 2 Nov 10.

On 4 Jan 11, the applicant’s commander notified him he was recommending his discharge from the Air Force for fraudulent entry.  The reason for his action was that the applicant intentionally concealed a medical condition he had prior to service.  The Air Force later discovered he had a history of asthma and ADHD, which could have rendered him ineligible to enlist in the Air Force.  The applicant waived his right to counsel; declined an appointment with the Area Defense Council; waived his right to submit statements on his own behalf; and, the applicant’s commander recommended his discharge for defective enlistment. 

On 6 Jan 11, the discharge authority directed the applicant be discharged with an ELS for fraudulent enlistment.  

On 10 Jan 11, the applicant was issued an ELS with uncharacterized service, a narrative reason for separation of “fraudulent entry into the military service,” and an RE code of 2C (entry-level separation with uncharacterized service).  

The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.    


AIR FORCE EVALUATION:

AETC/SGPS recommends approval of the applicant’s request to be allowed to reapply to the Air Force from a medical standpoint.  The applicant was seen at the medical clinic on 28 Dec 10, and a review of his file noted he had a history of asthma requiring medication within the last 14 months and a history of ADHD requiring medication within the last 12 months.  The applicant did not want his case reviewed for possible waiver consideration, and during the 28 Dec 10 medical appointment, he stated he did not want to be in the Air Force.  The separation was done in accordance with established policy and administrative procedures.  Once he meets the waiver criteria of being off medication and treatment for ADHD for two years, and off medication and treatment for asthma for three years, from a medical standpoint, he can contact his recruiter to begin the accessions process. 

A complete copy of the AETC/SGPS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial, indicating there is no evidence of an error or injustice.  This advisory only addresses the applicant’s request to change his RE code.  The applicant states he never knowingly lied to the MEPS about anything.  The applicant’s RE code of 2C is required by AFI 36-2606, Reenlistment in the USAF, based upon his ELS without a characterization of service.  The applicant does not provide any evidence or an error or injustice in reference to his RE code.  He just wants to reenter the military. 

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He submits a letter of support from his mother and a personal statement:

She states she was with the applicant at the recruiter.  She told the recruiter she believed the last time he had asthma was in 3rd or 4th grade.  In addition, her son was never tested or diagnosed as having ADHD or Asperger’s disease.  A doctor suggested trying Ridalin in 1996 because her son was “struggling” when she was extremely ill with cancer.  Her son had not taken Ridalin for the previous 12 months, as required before enlisting.  She heard the recruiter tell him he did not have to report “any of these things because it had been so many years.”  Her son never lied to anyone.

He believes he has already proven he does not have asthma via the respiratory exam.  He reiterates that he was not taking any medications at the time of his enlistment and his recruiters told him not to list any on his entry paperwork.  He takes exception to the sentence in the AETC/SGPS advisory which said he wanted to get out of the Air Force.  He was 17 years old and was unfairly being forced to sign a confession or face going to prison so he had to ask to be let out, be he made it clear to them at the time he wanted to stay in the Air Force (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 injustice.  The applicant contends that he was unjustly given an entry-level separation for fraudulent enlistment because he never withheld any information from his recruiters or the military entrance processing station (MEPS) regarding his medical history.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we believe a preponderance of the evidence indicates that corrective action is warranted.  In this respect, we note the comments of AETC/SGPS indicating that based on the documentation provided by the applicant, he could qualify for enlistment from a medical standpoint provided he can demonstrate that he does not require medication for asthma or ADHD.  While we note the comments of AFPC/DPSOA indicating that the applicant’s reentry (RE) code is appropriate to the circumstances, in view of the fact the applicant was eligible to pursue a waiver for his retention during the events under review, and the record contains conflicting information regarding his willingness to do so, we believe it would be appropriate to correct the applicant’s records so that he could qualify for enlistment, with a waiver, provided he is otherwise qualified.  Whether or not the applicant is successful is entirely dependent on the needs of the service and/or component and this recommendation should not be construed as a guarantee of future service.  Therefore, we recommend the applicant’s records be corrected to the extent indicated below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that in conjunction with his 10 January 2011 entry-level separation, he was issued a narrative reason for separation “Secretarial Authority,” rather than “Fraudulent Entry into Military Service,” a separation program designator (SPD) code of “KFF,” rather than “JDA,” and a reentry code of “3K” rather than “2C.”



The following members of the Board considered AFBCMR Docket Number BC-2013-04894 in Executive Session on 2 Oct 14, 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:

	Exhibit A.  DD Form 149, dated 17 Oct 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AETC/SGPS, dated 10 Dec 13.
Exhibit D.  Letter, AFPC/DPSOA, dated 7 Jan 14. 
Exhibit E.  Letter, SAF/MRBP, dated 24 Mar 14, w/atch.
Exhibit F.  Letter, Applicant, 17 Feb 14, w/atchs.
		



      



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