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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