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AF | BCMR | CY2000 | 9802421
Original file (9802421.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02421
                 INDEX CODE:  100.00, 100.03
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of “3A”  be  changed  to  allow
reenlistment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was discharged from active duty on 25  November  1996  after
serving 1 month and 17 days of active duty and received an Entry Level
Separation, Uncharacterized, with a narrative reason for separation of
(Failed Medical/Physical Procurement Standards)  and  an  RE  Code  of
“3A.”  RE 3A reflects:  “First-term,  nonprior  service,  females  who
enlisted into the Air Force and ‘it was  later  discovered  they  were
pregnant before their enlistment,’ and were immediately discharged.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared  by  the   appropriate   Air   Force   offices   of   primary
responsibility (OPR).  Accordingly, there is no need to  recite  these
facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, states that  the  applicant  was
clearly pregnant at  the  time  of  her  arrival  for  Basic  Military
Training (BMT), although the conception likely occurred  at  the  very
end of September.  This  would  account  for  a  negative  qualitative
pregnancy test on the 9th of October, as the sensitivity of that  test
often is too low at this early stage of  pregnancy.   A  quantitative,
highly sensitive test was not performed, and BMT was begun.  Not until
a month later was she found to be  pregnant  as  noted.   While  there
clearly was no intent to deceive the  government  regarding  her  very
early,  and  clinically  undetected  pregnancy,  the  reason  for  her
discharge was valid  in  that,  by  being  pregnant  at  the  time  of
induction, she obviously did not meet standards  for  such  induction.
The BCMR Medical Consultant is of the opinion, however, that it  would
be unfair to exclude the applicant from  ever  being  able  to  enlist
again based on these facts and recommends that applicant’s RE code  be
changed to “3K.” .”  The RE Code “3K” is reserved for use by  HQ  AFPC
or the AFBCMR when no other reenlistment eligibility code  applies  or
is appropriate.

A copy of the Air Force evaluation is attached at Exhibit C.

The Chief, Skills Management Branch, HQ AFPC/DPPAE, states that  since
the type of separation received drives RE codes, applicant’s  code  is
correct as reflected.  Generally, RE codes beginning with “3”  can  be
waived for enlistment purposes,  provided  the  individual  meets  all
other  requirements  for  enlistment.   Considering  this,  the  Chief
recommends the RE code remain unchanged.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
17 September 1999 for review  and  response.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 probable error or injustice.  We find no  impropriety
in the reenlistment eligibility (RE) code issued to applicant upon her
entry level separation.  Considered alone, we conclude the RE code was
proper and  appropriate  to  the  existing  circumstances.   The  BCMR
Medical Consultant notes that there was no intent on the part  of  the
applicant to deceive the government regarding her  medical  condition.
Applicant simply did not know she was pregnant when she  reported  for
basic military training (BMT) because the more  sophisticated,  highly
sensitive test was  not  performed,  therefore,  she  was  allowed  to
commence training.  We agree with the Medical Consultant’s  assessment
of the situation and concur she should not be excluded  from  possible
future  reenlistment.   Although  a  “3A”  RE  code  is  generally   a
waiverable code, we are of the opinion, that based on the totality  of
the circumstances of this case, a “3K” is  a  more  appropriate  code.
She will be allowed the opportunity to apply for a waiver to enlist in
the armed services; whether she is successful depends on the needs  of
the service and our recommendation in no way guarantees that she  will
be allowed to return to the Air Force or any branch  of  the  service.
Therefore, we  recommend  her  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 APPLICANT, be corrected  to  show  that  her  reenlistment
eligibility (RE) code, issued in  conjunction  with  her  Entry  Level
Separation on 25 November 1996, was RE “3K.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 20 February 2000, under the provisions of AFI 36-
2603:

            Mr. Joseph G. Diamond, Panel Chair
            Mr. Jay H. Jordan, Member
            Mr. Gregory H. Petkoff, Member

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

      Exhibit A. DD Form 149, dated 21 Aug 99, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 3 May 99.
      Exhibit D. Letter, AFPC/DPPAE, dated 3 Sep 99.
      Exhibit E. Letter, AFBCMR, dated 17 Sep 99.




            JOSEPH G. DIAMOND

            Panel Chair




AFBCMR 98-02421




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 APPLICANT,  SSN,  be  corrected  to  show  that  her
reenlistment eligibility (RE) code, issued  in  conjunction  with  her
Entry Level Separation on 25 November 1996, was RE “3K.”








      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

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