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AF | BCMR | CY2003 | bc-2003-02406
Original file (bc-2003-02406.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02406
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code be changed.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

She was told that she was  allowed  to  go  back  into  the  military.   Her
reentry code says that she is ineligible to  reenter.   She  was  discharged
due to height/weight standards.

In support of the appeal, the applicant submits  a  copy  of  her  discharge
package.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 12 April 2000.

On 24  April  2000,  the  commander  notified  the  applicant  that  he  was
recommending a discharge for erroneous enlistment.   Since  the  action  was
initiated within the first 180  days  of  service,  it  was  an  entry-level
discharge.  Basis for the action was applicant’s body fat was at 33  percent
which exceeded the Air Force Standard of 28 percent.  On 24 April 2000,  the
applicant  waived  her  right  to  legal  counsel  and  declined  to  submit
statements.  The Discharge Authority approved  the  discharge  on  26  April
2000.

The applicant, while serving in the grade of airman, was separated from  the
Air  Force  on  28  April  2000  under  the  provisions  of   AFI   36-3208,
Administrative  Separation  of  Airmen,  (Erroneous  Enlistment)   with   an
uncharacterized entry-level separation.  She was assigned an RE code of  2C,
“Involuntarily  separated  with  an  honorable  discharge;  or  entry  level
separation without characterization of service”.   She  served  17  days  of
total active service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was  consistent  with  the
procedural  and  substantive  requirements  of  the  discharge   regulation.
Additionally, the discharge was  within  the  discretion  of  the  discharge
authority.  An erroneous enlistment is an enlistment  that  would  not  have
occurred if the service had known about the applicant’s condition  prior  to
enlistment and the applicant did not intentionally conceal the condition.

Airmen   are   given    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  an
applicant served less than 180 days continuous active service, it  would  be
unfair to the applicant  and  the  service  to  characterize  their  limited
service.

A complete copy of the evaluation is attached at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

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

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice.  Although the RE code  assigned  at  the
time of her separation was accurate, we  believe  the  applicant  should  be
provided the opportunity to apply for  enlistment  in  the  armed  services.
Applicant will be required to all physical standards as is required  by  all
individuals.  Whether or not she is successful will depend on the  needs  of
the service and our recommendation in no way guarantees  that  she  will  be
allowed  to  return  to  the  Air  Force  or  any  branch  of  the  service.
Therefore, we recommend that applicant’s record be corrected to  reflect  an
RE code of “3K” (Reserved for use by HQ AFPC or  the  Air  Force  Board  for
Correction  of  Military  Records  (AFBCMR)  when  no   other   reenlistment
eligibility code applies or is appropriate).

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that at the time of her discharge  on  28
April 2000, she was issued a Reenlistment Eligibility (RE) code of “3K.”

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 17 December 2003, under the provisions of AFI 36-2603:

                  Mr. David C. Van GasBeck, Panel Chair
                  Mr. E. David Hoard, Member
              Ms. Jean A. Reynolds, Member

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

   Exhibit A.  DD Form 149, dated 17 Jul 03.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, undated.
   Exhibit D.  SAF/MRBR Letter, dated 7 Nov 03.




                                   DAVID C. VAN GASBECK
                                   Panel Chair







AFBCMR BC-2003-02406
INDEX CODE:  112.00



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, be corrected to show that at the time of her
discharge on 28 April 2000, she was issued a Reenlistment Eligibility
(RE) code of “3K.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency




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