RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02818
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to “1.”

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was unaware of any warrant for his arrest.  If he had been aware  of  the
warrant, he would have delayed his entry into active duty to  take  care  of
the problem.

Applicant’s complete submission, with an attachment, is attached at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 17 September 2002  for  a
period of four years.

On 4 November 2002, the applicant was notified of his commander’s intent  to
initiate discharge action for defective enlistment.   The  reason  for  this
action was:  Warrant for Arrest  -  Warrant  Control  Number  02-9175,  Case
Number 02071646/02071646 issued  by  the  Circuit  Court  of  the  State  of
Oregon, for Linn County for Theft - 1, issued on 16 July 2002.

The commander advised the applicant of his rights to consult legal  counsel
and to submit statements in his own behalf.

On 4 November  2002,  the  applicant  waived  his  right  to  consult  legal
counsel, but invoked his right to submit statements.

On 4 November 2002, a legal review was conducted which found the case to  be
legally sufficient to support separation from the Air Force and  recommended
the applicant be separated and receive an entry level separation.

On 4 November 2002, he was discharged under the provisions of  AFI  36-3208,
Erroneous Enlistment, with an uncharacterized  entry-level  separation  with
an RE code of 2C which indicates the applicant was  involuntarily  separated
with   an   honorable   discharge;   or   entry-level   separation   without
characterization of service.  He served  1  month  and  18  days  of  active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS states the Department of Defense (DOD) determined that, if  a
member served less than 180 days of continuous  active  service,  he  would
receive an entry-level separation/uncharacterized service  characterization
when separation was initiated.  The separation is  uncharacterized  because
it would be unfair to the member and the service to  try  and  characterize
the limited time served.  DPPRS further states the discharge was consistent
with procedural and substantive requirements of the  discharge  regulation.
Also, the discharge was  within  the  sound  discretion  of  the  discharge
authority.  Based on the evidence provided  they  recommend  the  requested
relief be denied.

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

EXAMINER'S NOTE:  Applicant does not contest the accuracy  of  the  RE  code
and after reviewing the applicable instruction, AFI 36-2606, it appears  the
RE code is correct.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  7
November 2003, for review and response.  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 timely filed.

3.  Sufficient relevant evidence has  been  presented  to  demonstrate  the
existence of error or injustice warranting partial relief.   The  applicant
is requesting his RE code be changed to allow him to reenlist  in  the  Air
Force.  We note that the RE code assigned to the applicant at the  time  he
was discharged was technically correct and in accordance with the governing
AFI; however, the Board believes it would be an injustice for the applicant
to continue to suffer its effects.  The applicant stated that  he  was  not
aware that a warrant had been issued for his  arrest,  because  if  he  had
known about the warrant he would have had it resolved before  entering  the
Air Force.  He also stated that he informed the recruiter of the  situation
involving the robbery and the Albany Police contacted  his  recruiter.   He
informed the police and his recruiter that he would be out of the  country.
It appears the applicant put forth a diligent effort to inform  the  proper
people of the situation before  he  entered  active  duty.   In  fact,  the
applicant was not charged with a crime and the  case  was  settled  out  of
court.  The Board, therefore, believes the applicant should be afforded the
opportunity to apply for a waiver to enlist in the armed services.  Whether
or not he is successful will depend on the needs of  the  service  and  the
Board’s recommendation in no way guarantees that  he  will  be  allowed  to
return to the Air Force or any branch of  the  service.   In  view  of  the
foregoing, the Board recommends the applicant’s code be changed to “3K.”

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The applicant pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that  at  the  time  of  his
discharge on 4 November 2002, he was issued a Reenlistment Eligibility Code
(RE) of “3K.”

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-02818
in Executive Session on 18 December 2003, under the provisions  of  AFI  36-
2603:

                       Ms. Carolyn J. Watkins-Taylor, Panel Chair
                       Mr. Roscoe Hinton, Jr., Member
                       Ms. Martha J. Evans, Member

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

    Exhibit A.  DD Form 149, dated 5 Aug 02 (sic), w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 24 Sep 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Nov 03.



                                   CAROLYN J. WATKINS-TAYLOR
                                   Panel Chair





AFBCMR BC-2003-02818
INDEX CODE:  110.00




MEMORNDUM 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              , be corrected to show that at the time of his
discharge on 4 November 2002, he was issued a Reenlistment Eligibility
Code (RE) of “3K.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency