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AF | BCMR | CY2003 | BC-2002-02492
Original file (BC-2002-02492.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-02492
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXXXXXXX                   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE)  code  be  changed  from  2C  (involuntary
separation with honorable discharge) to either 1 or  3C  (first-term  airman
not yet considered under selective reenlistment program) to  enable  him  to
re-enter the USAF.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Since he did not go through basic training, he was not in the military  long
enough to earn a characterized discharge.  He should not have been given  an
RE Code of 2C which causes a waiting period before he reenlists.

The  applicant  provided  no  evidence  in  support  of  his  appeal.    The
applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 17 April 2002, the applicant enlisted in the Regular  Air  Force  at  the
age of 19 in the grade of airman basic for a period of six  years.   He  was
guaranteed a job in Security Forces.

On 22 April 2002, the applicant sought medical attention after  experiencing
difficulty breathing and a possible anxiety attack  while  participating  in
physical conditioning. It was discovered during his medical evaluation  that
the applicant  had  a  history  of  psychiatric  treatment  for  depression,
anxiety, oppositional behavior and most recently,  bipolar  disorder.   When
questioned about not identifying his  medical  history  on  his  application
into the military, he stated his recruiter told him not to put  it  down  on
his application and  to  mention  it  during  his  entrance  physical.   The
applicant claimed the MEPS liaison told him, “not to worry  about  it.”   On
23 April 2002, the attending Staff Psychologist  recommended  the  applicant
be discharged based on his current difficulties as  well  as  his  extensive
psychiatric history of similar difficulties.

On 15 May  2002,  the  applicant’s  commander  recommended  the  applicant’s
discharge for defective enlistment. The applicant  acknowledged  receipt  of
the recommendation and waived  his  option  to  consult  legal  counsel  and
submit statements in his behalf.  On 17 May  2002,  the  recommendation  was
found to be legally sufficient by the Assistant Judge Advocate and  approved
by the discharge authority under the provisions of AFPD 36-32  and  AFI  36-
3208, Chapter 5, Section 5c, Defective Enlistments, Paragraph 5.15,  because
of Fraudulent Entry.  The applicant was discharged  effective  21  May  2002
with an uncharacterized entry-level separation with a  separation  code  JDA
(fraudulent entry into military service) and a reentry  code  of  2C  (entry
level separation without characterization of  service).   He  had  served  1
month and 5 days on active duty but received  no  credit  for  this  service
based on the reason for his separation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE reviewed the applicant’s case file  and  concludes  that  the  RE
code of 2C is correct.  The DPPAE evaluation is at Exhibit C.

AFPC/DPPRS  reviewed  the  applicant’s  case  file  and  concurs  that   the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on  25
October 2002 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate  the
existence of probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The RE code which was issued at  the
time of the applicant’s separation accurately reflects the circumstances of
his separation and we do not find this code to be in error or  unjust.   In
view of the foregoing, we conclude that  no  basis  exists  upon  which  to
recommend favorable action on his request that it be changed.

_________________________________________________________________

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 this application in  Executive
Session on 6 February 2003, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Ms. Rita S. Looney, Member
      Mr. Mike Novel, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. 02-02492:

      Exhibit A.  DD Form 149, dated 29 Jul 02, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 26 Aug 02.
      Exhibit D.  Letter, AFPC/DPPAE, dated 16 Oct 02.
      Exhibit E.  Letter, SAF/MRBR, dated 25 Oct 02.




                                                   THOMAS S. MARKIEWICZ
                                                   Panel Chair

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