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AF | BCMR | CY2003 | BC-2001-00666
Original file (BC-2001-00666.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2001-00666
            INDEX CODE:  100.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code of 4J, “Entered into Phase I
of the Air Force Weight Program, or the unit commander has declared
the airman ineligible to reenlist for  a  period  of  Phase  II  or
probation,” be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code 4J should have been changed putting her  in  a  medical
deferral status once she became pregnant.

In support of her appeal, applicant submitted a personal statement,
a copy of her DD Form 214, Certificate of Release or Discharge from
Active Duty, dated 15 Jul 99; a copy of DD Form 215, Correction  to
DD Form 214, dated 7 Sep 99; a copy of a letter from  HQ  AFRS/RSO,
dated 21 Feb 01, disapproving a moral eligibility determination.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11  Dec  96  in  the
grade of airman (E-2) for a period of four years.  On  15  Jul  99,
she was released from active duty and transferred to the Air  Force
Reserve, by reason of “Pregnancy or childbirth,” and was issued  an
RE code of 4J.

On 16 Jul 99, she enlisted in the Air National Guard for  a  period
of four years in  the  grade  of  airman  first  class  (E-3).   On
14 Oct 00, she reenlisted in the Air National Guard for a period of
two years in the grade of airman first class (E-3).

The applicant is currently serving in the Air Force Reserve in  the
grade of staff sergeant (SSgt), with an effective date and date  of
rank (DOR) of 1 Jan 03.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed this application and indicated that  the  RE
code of 4J, “Entered into Phase I of the Air Force Weight  Program,
or the  unit  commander  has  declared  the  airman  ineligible  to
reenlist for a period of Phase II or probation,” is correct.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 21 Mar 03 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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  At the time of the applicant’s release from active duty, she
was furnished an RE Code predicated upon the quality of her service
and the circumstances of her separation.  The assigned RE  code  of
4J accurately reflects  that  she  was  on  the  Weight  Management
Program when she separated.  After  careful  consideration  of  the
evidence provided, we are not persuaded that the assigned  RE  code
is in error or unjust  or  that  an  upgrade  of  the  RE  code  is
warranted.  Furthermore, we note that the  applicant’s  current  RE
code of 4J  is  a  code  that  can  be  waived  for  prior  service
enlistment consideration, provided she meets all other requirements
for enlistment under an existing prior service program,  and  based
on the needs of the service.  In view of the foregoing, and 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 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 AFBCMR Docket  Number
BC-2001-00666 in Executive Session on 20  August  2003,  under  the
provisions of AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Ms. Leslie Abbott, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 17 Mar 03.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 03.




                                   OLGA M. CRERAR
                                   Panel Chair

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