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AF | BCMR | CY2003 | BC-2002-01477
Original file (BC-2002-01477.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01477
            INDEX CODE:  112.10

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge and separation code be upgraded to a status that will
allow him to reenlist in the Air Force or a Reserve component.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He would like to return  to  active  duty.   At  the  time  of  his
separation he made a hasty decision based on existing family  needs
that have since been resolved.  A decision that he regrets and  now
wishes to reconcile.  He has stayed connected as  an  active  pilot
with the Civil Air Patrol (CAP).  His discharge was  not  based  on
disciplinary actions and he asks that  he  be  allowed  to  further
serve his country.

In support of his appeal, applicant provided copies of certificates
of completion for  the  CAP  Officer  Correspondence  Program,  the
Aerospace Power Course and Squadron Leadership School; and  a  copy
of the DD Form 214, Certification  of  Release  or  Discharge  from
Active Duty, dated 1 Feb 01.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  11  Jan  01  for  a
period of four years in the grade of staff sergeant (SSgt/E-5).  He
was ordered to extended active duty on 11 Jan 01 for  a  period  of
120 days and was assigned to the Officer Training School  (OTS)  at
Maxwell AFB AL.

On 30  Jan  01,  applicant  initiated  actions  for  self-initiated
elimination because he no longer wanted to be an Air Force  member.
On 31 Jan 01, the  discharge  authority  approved  the  applicant’s
request for discharge.

The applicant received an uncharacterized entry-level separation on
1 Feb 01, by  reason  of  “Failure  to  complete  commissioning  or
warrant program,” and was issued an RE code of 4L.  He was credited
with 21 days of active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE reviewed this application and indicated that the RE code
of 4L  (Separated  commissioning  program  eliminee  agreement)  is
correct.

A complete copy of the Air Force evaluation is at Exhibit C.

AFRS/RSOCL reviewed this application and stated that applicant  can
reapply to meet the Officer Training Selection Board IAW AETCI  36-
2002, para 3.17.2.  Applications may be  submitted  on  individuals
who  were  eliminated  from  OTS  and  not  eligible  for   medical
reinstatement if 6 months have elapsed with a disenrollment  waiver
request and applicant still meets all other  eligibility  criteria.
Applicant would need to contact  his  local  AF  Officer  Accession
Recruiter.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 28 Feb 03 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.   At  the  time  a
member is separated from the Air Force, they are  furnished  an  RE
Code  predicated  upon  the  quality  of  their  service  and   the
circumstances of their separation.  The assigned code reflects  the
Air Force’s position  regarding  whether  or  not,  or  under  what
circumstances, the individual should be allowed to  reenlist.   The
applicant’s assigned RE code of 4L accurately reflects that he  was
eliminated from  a  commissioning  program.   After  reviewing  the
documentation submitted in support of applicant’s appeal,  we  find
no evidence to indicate that either the assigned  RE  code  or  the
narrative reason for separation are in error or  unjust.   We  note
that RE code 4L is a code that can  be  waived  for  prior  service
enlistment  consideration,  provided  applicant  meets  all   other
requirements  for  enlistment  under  an  existing  prior   service
program.  We suggest that the applicant contact his local recruiter
concerning  his  possible   re-affiliation   with   the   military.
Therefore, in the absence of evidence to the contrary, we  find  no
compelling basis to recommend granting the relief  sought  in  this
application.

4.  Additionally, we note the Air  Force  has  indicated  that  the
applicant can reapply to meet the Officer Training Selection  Board
and would need to contact his local  Air  Force  Officer  Accession
Recruiter regarding this matter.

___________________________________________________________________

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
02-01477  in  Executive  Session  on  15  April  2003,  under   the
provisions of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. David W. Mulgrew, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 7 Aug 02.
    Exhibit D.  Letter, AFRS/RSOCL, date 26 Aug 02.
    Exhibit E.  Letter, SAF/MRBR, dated 28 Feb 03.




                                   ROBERT S. BOYD
                                   Panel Chair



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