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AF | BCMR | CY2002 | BC-2002-01551
Original file (BC-2002-01551.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01551

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility  (RE)  Code  of  2C  be  changed  to  make  him
eligible to enlist in the Armed Forces.

_________________________________________________________________

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 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 EVALUATIONS:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation.  In addition,  the  discharge  was
within the sound discretion of the discharge  authority.   AFPC/DPPRS  notes
that airmen are  given  an  entry-level  separation/uncharacterized  service
characterization when separation is initiated  in  the  first  180  days  of
continuous active service.   The  Department  of  Defense  determined  if  a
member served less than 180 days continuous  active  service,  it  would  be
unfair to the member and the service to characterize their limited service.

The AFPC/DPPRS evaluation is at Exhibit C.








AFPC/DPPAE states that the RE Code of 2C (involuntarily  separated  with  an
honorable discharge; or entry level separation without  characterization  of
service) is correct.

The AFPC/DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the  applicant  on  16
August 2002 for review and comment 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 not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  injustice  warranting  corrective  action.    The   applicant
contends the RE code he was issued upon  his  discharge  is  preventing  him
from entering the  Armed  Forces.   He  states  that  at  the  time  of  his
separation, his girlfriend was pregnant and  there  had  been  no  paternity
test  to  prove  that  he  was  the   father.    As   a   result   of   this
misunderstanding, he was  unjustly  discharged  for  fraudulent  enlistment.
The applicant states that while a paternity test has since  proven  that  he
is the father of the child, he has never had physical or  legal  custody  of
the child.  Since single parents are eligible for entry,  provided  they  do
not have physical or legal custody of a child,  the  applicant  believes  he
should not be denied entry into  the  Armed  Forces.   After  reviewing  the
evidence of  record,  we  believe  the  applicant  has  provided  sufficient
evidence to raise reasonable doubt as to whether he intentionally  concealed
information regarding any expected changes in  his  dependency  status.   In
view of this, we believe changes to the  applicant’s  narrative  reason  for
separation and separation code are warranted.  We further believe  that  the
applicant should be afforded a second chance to serve and that his  RE  code
should be changed to RE-3K.  This is a code that can  be  waived  for  prior
service enlistment consideration, provided the  applicant  meets  all  other
requirements  for  enlistment  under  an  existing  prior  service  program.
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.  Accordingly, we recommend  that  the  records
be corrected to the extent indicated.

_________________________________________________________________





THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 15 January 1992, he was  honorably
discharged under the provisions of AFR 39-10 (Directed by Secretary  of  the
Air Force); issued a Separation Program Designator (SPD) code of  “JFF”  and
a  Reenlistment  Eligibility  code  of  “3K;”  and  furnished  an  Honorable
Discharge certificate.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-01551  in
Executive Session on 10 October 2002, under the provisions of AFI 36-2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Ms. Diane Arnold, Member

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

    Exhibit A.  DD Form 149, dated 7 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 10 Jun 02.
    Exhibit D.  Letter, AFPC/DPPAE, dated 13 Aug 02.
      Exhibit E.  Letter, SAF/MRBR, dated 16 Aug 02.




                                   JOSEPH A. ROJ
                                   Panel Chair


AFBCMR 02-01551




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 on 15 January 1992, he was
honorably discharged under the provisions of AFR 39-10 (Directed by
Secretary of the Air Force); issued a Separation Program Designator (SPD)
code of “JFF” and a Reenlistment Eligibility code of “3K;” and furnished an
Honorable Discharge certificate.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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