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AF | BCMR | CY2002 | 0102087
Original file (0102087.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02087
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed from 4I to 4A.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She believes her reentry code was inequitable because it was based  on
the control roster she was put on prior to separating.  The  narrative
reason for her separating on her DD  Form  214  is  for  pregnancy  or
childbirth.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 June 2000.

On 18  December  2000,  applicant  received  a  Record  of  Individual
Counseling (ROC) for failure to meet mandatory formation.

On 15 February 2001, applicant received a Letter  of  Reprimand  (LOR)
for failure to obey a lawful order, as well as failure to go.

On 30 April 2001, applicant was served an Article 15 for she  did,  at
or near  Dyess  AFB,  TX,  on  or  about  16  February  2001,  without
authority, fail to go at the time prescribed to her appointed place of
duty, to wit:  the  Base  Fitness  Center.   Punishment  consisted  of
reduction to the grade of airman, with a new date of rank of 30  April
2001.

The applicant, while serving in the grade of  airman,  was  discharged
from the Air Force on 1 June 2001 under  provisions  of  AFI  36-3208,
Administrative Separation of Airmen (pregnancy or childbirth), with an
honorable discharge.  She served 11 months and  4  days  total  active
service and she was issued  an  RE  code  of  4I  which  indicates  an
individual serving on the Control Roster.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation at that time.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPAE states that the reenlistment eligibility (RE) code  of  4I,
“Serving on the Control Roster” is correct.  In accordance with AFI 36-
2606, Reenlistment in the United States Air Force, Table 3.4,  note  1
states, RE code 4A doesn’t apply to  airmen  separated  for  the  sole
purpose of pregnancy.

A complete copy of their evaluation, with attachment, is  attached  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 September  2001,  copies  of  the  Air  Force  evaluations  were
forwarded to applicant 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________




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 3 April 2002, under the  provisions  of  AFI  36-
2603:

                 Mr. Charles E. Bennett, Panel Chair
                 Mr. Joseph A. Roj, Member
                 Mr. Thomas J. Topolski, Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Jun 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 27 Aug 01.
      Exhibit D. Letter, AFPC/DPPAE, dated 24 Sep 01, w/atch.
      Exhibit E. Letter, AFBCMR, dated 28 Sep 01.




                             CHARLES E. BENNETT
                             Panel Chair

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