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AF | BCMR | CY2001 | 0102238
Original file (0102238.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  01-02238
            INDEX CODE 100.06
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed  from  “2I”  (Non-US
citizen serving  on  initial  enlistment)  to  one  that  would  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.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, who was born in the Philippines, entered active duty on
13 Jun 96. According  to  AF  Form  31,  Airman’s  Request  for  Early
Separation, on 10 Sep 99 she requested early separation on  1  Dec  99
“in order to provide maternal care” for her child due in Dec  99.  Her
request was approved  on  27  Sep  99.  The  applicant  was  honorably
discharged  on  1  Dec  99  in  the  grade  of   senior   airman   for
pregnancy/childbirth with 3 years, 5 months  and  19  days  of  active
service. She was given an RE code of “2I.”

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS provided its rationale for recommending denial.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE notes that since there is no RE code directly associated
for pregnancy, the RE code “2I” is correct since that was  the  status
of the applicant at the time of separation.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 12 Oct 01 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 applicant was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded  that  her  RE  code  should  be  changed  to  one  allowing
reenlistment. Her contentions are duly noted; however, we do not  find
these uncorroborated assertions, in and  by  themselves,  sufficiently
persuasive to override  the  rationale  provided  by  the  Air  Force.
According to AFI 36-3606, non-US citizens such as  the  applicant  who
enlisted on or after 1 Nov 82 must become  US  citizens  during  their
initial enlistment before they can reenlist.  Six  months  before  her
enlistment term was completed, the applicant  applied  for  separation
due to pregnancy. Her request was approved and, since there is  no  RE
code directly associated with  pregnancy,  “2I”  was  most  applicable
because she was a non-US citizen serving on initial enlistment at  the
time of her separation. The applicant has not  demonstrated  that  her
reason for separation and RE code are incorrect, that she did not have
sufficient opportunity to obtain US citizenship while in the  service,
or that she has subsequently obtained  US  citizenship.  We  therefore
agree with the recommendations of the Air Force and, absent persuasive
evidence to the  contrary,  find  no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 15 November 2001 under the provisions of AFI  36-
2603:

                 Mr. Henry Romo Jr., Panel Chair
                 Mr. Clyde L. Williams, Member
                 Ms. Ann-Cecile McDermott, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 Jul 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 31 Aug 01.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 1 Oct 01.
   Exhibit E.  Letter, SAF/MRBR, dated 12 Oct 01.




                                   HENRY ROMO JR.
                                   Panel Chair

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