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AF | BCMR | CY2001 | 0102260
Original file (0102260.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  01-02260

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code 2C be changed to one that  will
permit him the option of reenlisting.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received misleading information  at  separation  signing.   He  was
unfairly given an RE 2C due to downsizing of  military  force  at  the
time of his discharge.  He wishes to enlist in the Navy.

Applicant’s complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was discharged with an uncharacterized discharge  on  17
April 1995 because of a fraudulent entry into military  service.   The
basis for the discharge was that the applicant intentionally concealed
a prior service medical condition.  At the time of his separation,  in
the grade of airman basic, he had served 25 days of active duty  which
was not credited due his fraudulent entry into military service.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS stated that the applicant did not submit any  new  evidence
or identify any  errors  or  injustices  that  occurred  in  discharge
processing.  He has requested a change in his reenlistment code only.

A complete copy of the evaluation is attached at Exhibit C.
AFPC/DPPAE stated that the reenlistment eligibility (RE) code  of  2C,
“Involuntarily separated with an honorable discharge; or  entry  level
separation without characterization of service” is correct.

A complete copy of the evaluation is attached 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 response within 30 days.  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.   After  reviewing  the
circumstances surrounding the  applicant’s  separation  from  the  Air
Force, we believe that the RE code in question  is  unjust.   In  this
regard, we note that the applicant was separated because he apparently
concealed the severity of prior service  medical  conditions.    While
this may be correct, we note that the applicant’s  report  of  medical
examination lists his prior foot condition  which  we  believe  should
have prompted further medical review by the examining MEPS  physician.
The applicant’s non-cardiac chest pain may not have manifested  itself
during the MEPS exam, however, the  severity  of  his  foot  condition
might have been revealed and he would  not  have  been  qualified  for
enlistment.  However, we note his apparent  desire  to  serve  in  the
Armed Forces and we do not believe he should be denied the opportunity
to apply for reenlistment if he so chooses.   Whether  or  not  he  is
successful  will  depend  on  the  needs  of  the  service   and   our
recommendation in no way guarantees that he will be allowed to  return
to any branch of the service. Indeed, any branch of the  armed  forces
will have access to his records to determine his  physical  condition.
Therefore, we recommend that his record be corrected to  show  he  was
issued an RE code of “3K” (Reserve for use by HQ AFPC and the  AFBCMR)
at the time of separation.

_________________________________________________________________




THE BOARD DETERMINES THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that, in conjunction  with
his entry  level  separation  on  17  April  1995,  he  was  issued  a
reenlistment eligibility (RE) code of “3K,” rather than “2C.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 December 2001, under the provisions of AFI 36-
2603:

                 Mr. Terry A. Yonkers, Panel Chair
                 Mr. E. David Hoard, Member
                 Ms. Barbara J. White-Olson, Member

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

      Exhibit A. DD Form 149, dated 20 Jul 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 10 Sep 01.
      Exhibit D. Letter, AFPC/DPPAE, dated 3 Oct 01
      Exhibit D. Letter, SAF/MIBR, dated 12 Oct 01.






      TERRY A. YONKERS
      Panel Chair

AFBCMR 01-02260




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 be corrected to show that, in conjunction with
his entry level separation on 17 April 1995, he was issued a
reenlistment eligibility (RE) code of “3K,” rather than “2C.”







      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency


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