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AF | BCMR | CY2002 | 0102530
Original file (0102530.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02530
            INDEX CODE:  100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed so that she may  join  the
Army Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was honorably discharged and her RE code  does  not  match  her  service
characterization.  In support of her request applicant provided  a  personal
statement and copies of documents associated with  her  discharge  from  the
Air National Guard (ANG).  Her complete submission, with attachments, is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The 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.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFP reviewed applicant's request and recommends  denial.   DPFP  states
that  she  was  twice  discharged  from  the  Alabama  ANG  for   fraudulent
enlistment.  In 1992 she failed to reveal that she  had  dependent  children
and in 1994 she failed to disclose her arrest by civilian authorities as  an
accomplice to murder (see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that prior to her first  enlistment  she  did
in fact indicate that she had two  children,  which  at  the  time  did  not
reside with her.  She was told by her recruiter to list  only  the  felonies
that she had been convicted of, not those in which she was only  questioned.
 Numerous background checks have been performed on her  and  none  contained
any incriminating information.  Applicant asks  that  the  Board  perform  a
background check prior to rendering a decision in her  case.   Her  complete
submission is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  Evidence has  not  been  provided
in support of her appeal which would lead us to believe  that  a  change  to
her reenlistment eligibility (RE) code is warranted.  We took notice of  her
complete submission in judging the merits of this case; however, we  do  not
find her uncorroborated assertions sufficiently persuasive to  override  the
rationale provided by the Air National Guard.  The  applicant’s  failure  to
timely file has added to the difficulty in obtaining all  relevant  records,
the  burden  of  which  must  be  the  applicant’s,  not  the  Air  Force’s.
Therefore, we agree with the opinion and recommendation  of  the  Air  Force
office of primary responsibility and adopt their rationale as the basis  for
our conclusion that she has not been the victim of an  error  or  injustice.
In  the  absence  of  persuasive  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 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  Docket  Number  01-02530  in
Executive Session on 27 Feb 02, under the provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Michael K. Gallogly, Member
      Ms. Barbara J. White-Olsen, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPFP, dated 28 Dec 01, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jan 02.
    Exhibit E.  Letter, Applicant, dated 8 Feb 02.



                                             PHILIP SHEUERMAN
                                             Panel Chair

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