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AF | BCMR | CY2002 | 0201677
Original file (0201677.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                            DOCKET NUMBER:  02-01677

                                                   INDEX CODE:  100.03

                                                   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of 2I be corrected or upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She is exploring opportunities with the Virginia Air  National  Guard.   The
recruiter informed her that the reentry code  of  2I  on  her  DD  Form  214
disqualifies her from reentering the service.  She was unaware that the  Air
Force had placed a code on her DD Form 214 that prohibits her  from  serving
her country again.  Following the events of September 11,  she  has  felt  a
passionate need to become a  part  of  an  organization  that  supports  and
promotes freedom and love for the country.  She strongly believes  that  the
RE code is an error.

In support of her appeal, applicant submits a personal statement and a  copy
of her DD Form 214.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  on  9  March  1989.   She  was
progressively promoted to the grade of senior airman. On 23 September  1991,
she requested an  early  separation  from  the  Air  Force  due  to  gaining
employment in a privately owned company.  She  indicated  that  she  had  no
intention of reenlisting or becoming a U.S. citizen.  Based on her  request,
applicant was honorably discharged on 1 November 1991.  She served 2  years,
7 months and 23 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE reviewed the application and states that the RE Code of 2I, “non-
U.S.  citizen  serving  on  initial  enlistment”  is  correct.   The   DPPAE
evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 July 2002, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and  response.   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 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.  The evidence  of  record  refutes
the applicant’s assertion that her RE code was erroneous at the time it  was
assigned.  The record reveals she was separated prior to the  expiration  of
her term of service at her own request and that  she  was  a  noncitizen  at
that time.  Therefore, the RE code she received denoting  her  status  as  a
noncitizen was correct.  In addition, other than  her  own  assertions,  the
applicant has provided no evidence that would lead  us  to  believe  her  RE
code is unjust or that she was treated  differently  from  other  similarly-
situated  individuals.   Accordingly,   her   request   is   not   favorably
considered.

_________________________________________________________________

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 30 October 2002, under the provisions of AFI 36-2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Ms. Diane Arnold, Member
      Mr. Mike Novel, Member

The following documentary evidence for AFBCMR  Docket  Number  02-01677  was
considered:

    Exhibit A.  DD Form 149, dated 13 May 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 2 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 02.





                                   LAWRENCE R. LEEHY
                                   Panel Chair

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