RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02041
            INDEX CODE:  110.03

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C (ineligible to  reenlist)
be changed to a 1 (eligible to reenlist).

_________________________________________________________________

APPLICANT CONTENDS THAT:

While there were no errors or injustices at the time of his discharge,
he would like the Board to consider  granting  his  request  based  on
clemency.  Around the end of July 2000, he  was  struggling  with  the
pressing problem of not being able to locate his  mother  and  sister.
As a result, he included incorrect information on a security  form  he
filled out for  enlistment.   Consequently,  on  30  August  2000,  he
received a general discharge for erroneous enlistment.

Since his discharge, he has resolved the problems with his family  and
has used these past three years  as  a  growing  experience.   He  now
realizes he is responsible for his actions and cannot let personal  or
family problems get in the way of his obligations.  He states  he  has
helped his family to the point where they are self-sufficient  and  no
longer reliant on him.  He knows his actions were wrong  and  immature
but he loves the Air Force and wants nothing more but to  return.   He
has enclosed letters of recommendation that he hopes  will  attest  to
his learning his lesson.  He asks for a second chance to  be  a  great
airman in the best Air Force in the world.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, two letters of recommendation, and a copy of  his  DD  Form
214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 March 2000.   On  18
January  2000,  he  denied,  “Ever  being  involved  in   unauthorized
trafficking, cultivating, process, manufacturing, or sale of any legal
or illegal drugs” on his AF Form 2030 (USAF Drug Certificate).  On  or
about 26 July 2000, he changed his response  to  this  question  to  a
“yes” on his security questionnaire.  On 25 Aug 2000,  he  waived  his
right to counsel and declined to submit statements on his behalf.   On
29 August 2000, he was discharged  with  service  characterization  of
“Uncharacterized” as he had  not  completed  his  first  180  days  of
service.  He had served five months and three days at the time of  his
discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this case and recommended  denial.   DPPRS  states
that the discharge was consistent with the procedural and  substantive
requirements of the discharge regulation and within the  discretionary
powers  of  the  discharge  authority.   No  new   evidence   or   any
identification of error or injustice has been presented to  warrant  a
change to the discharge.

DPPRS’s complete evaluation is attached at Exhibit C.

AFPC/DPPAE has reviewed this case and verified that the RE code of 2C,
“Involuntarily separated with an honorable discharge; or entry-level
separation without characterization of service” is correct.

DPPAE’s evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
9 February 2004 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 timely filed.

3. Sufficient relevant evidence has been presented to demonstrate  the
existence of an error or injustice warranting partial  relief.   After
reviewing the evidence of record, we believe that the RE  code  issued
at the time of separation was  accurate.   However,  in  view  of  the
applicants desire to join the Air National Guard (ANG) and noting  the
statement submitted by his Junior ROTC (JROTC) commander, we recommend
that applicant’s RE code be changed to 3K to allow him  to  apply  for
enlistment.  The code is a waiverable code that, if applicant is found
otherwise eligible for  enlistment,  can  be  waived.   We  considered
applicant’s request for an RE code  of  “1”;  however,  based  on  the
circumstances surrounding his separation, we do  not  believe  that  a
further upgrade is justified.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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  his
release  from  active  duty  on  31 August  2000,  he  was  issued  a
reenlistment eligibility (RE) code of 3K.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 March 2004, under the provisions  of  AFI  36-
2603:

      Mr. Frederick R. Beaman, III, Panel Chair
      Mr. Michael J. Maglio, 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 14 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 25 Jul 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 12 Dec 03.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Jan 04.




                                   FREDERICK R. BEAMAN, III
                                   Panel Chair





BC-2003-02041




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 APPLICANT, be  corrected  to  show  that  at  the  time  of  his
separation from active duty on 31 August 2000, he was issued a  reenlistment
eligibility (RE) code of 3K.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency