RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03698
                                             INDEX CODE:  110.00; 110.02
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

She did not know that she was pregnant when she entered the Air Force.   She
was tested before and after she entered the Air Force, and the results  from
both pregnancy tests were  negative.   She  completed  basic  training,  and
finished two  weeks  of  Technical  School  without  knowing  that  she  was
pregnant.  She was given the option to remain in the Air Force  or  separate
from active duty and re-enter the Air Force at a later  date.   She  elected
to separate because she did not want to leave her child in the care  of  her
mother, who she felt was  not  stable  enough  to  take  care  of  a  child.
Approximately two months after she had returned to her home,  her  pregnancy
ended in a stillbirth due to complications from high blood pressure.

She would really like to re-enter the Air Force so that she can finish  what
she started and do something with her life.

In  support  of  her  request,  the  applicant  has  submitted  a  statement
explaining  the  circumstances  of  her  case,  a  copy  of  her  separation
document, and a physical profile serial report.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 16 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  four  years.   The
applicant completed basic military training, and entered technical  training
school.

On 10 July 2002, a nurse practitioner assigned  to  the  Air  Education  and
Training Command, Lackland AFB, TX,  submitted  a  Notification  of  Trainee
Pregnancy memorandum that stated the applicant  had  two  or  more  positive
pregnancy  tests,  presumptive,  but  not  conclusive,  of  an  intrauterine
pregnancy.  The nurse practitioner indicated per Air Force  Instruction  48-
123,  pregnancy  was  disqualifying   for   appointment,   enlistment,   and
induction, and this standard applied during the enlistee’s first six  months
of active duty, thus, the applicant’s  condition  warranted  an  entry-level
separation.

On 28 July 2002 the applicant’s military flight training commander  notified
the applicant that he was recommending she be separated from the  Air  Force
under AFPD 36-32 and AFI 36-3208 Erroneous Enlistment.   The  applicant  was
advised of her rights.  The applicant acknowledged receipt  of  notification
and waived her rights to consult counsel and submit statements  in  her  own
behalf.  The discharge case file was reviewed by the Assistant  Staff  Judge
Advocate,  and  was  found  legally  sufficient.   The  discharge  authority
approved the recommended separation  and  directed  that  the  applicant  be
separated with an uncharacterized entry-level separation.

On  5  August  2002,  the  applicant  was  separated  with  an   entry-level
separation because of Erroneous Entry (Other).  She had served three  months
and 20 days on active duty.  A reenlistment  eligibility  (RE)  code  of  2C
(Involuntarily  separated   with   an   entry   level   separation   without
characterization of service) was assigned.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS offers  no  recommendation  to  correct  the  record;  however
concludes  that  based  on  the  applicant’s   circumstances   and   current
situation, if the board grants the correction requested, the records  should
be corrected to indicate applicant is  eligible  for  reenlistment  (Exhibit
C).

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  30
January 2004 for review and comment within 30 days.  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 applicant was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of injustice.  Although the RE code assigned at the  time  of  the
applicant’s separation was technically  correct,  based  on  the  facts  and
circumstances  surrounding  the  applicant’s  discharge,  the  events   that
transpired after her separation,  her  keen  desire  to  reenter  the  armed
forces, we believe it would be an injustice for her to  continue  to  suffer
the adverse effects of an RE code that forever bars  her  reentry  into  the
armed forces.  Therefore, we recommend the RE code of 2C be changed  to  3A,
a code for first-term, nonprior service, females who enlisted into  the  Air
Force  and  “it  was  later  discovered  they  were  pregnant  before  their
enlistment,” and were  immediately  discharged.   The  applicant  should  be
aware that this change to her RE code does not automatically entitle her  to
enlist.  RE-3A is a waiverable code and the determination as to  whether  or
not the code will be waived is based on the needs of the  service  to  which
application is made.  In view of the foregoing we recommend her  records  be
corrected to the extent indicated below.

________________________________________________________________

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  5
August 2002, her reenlistment eligibility (RE) code was 3A.

________________________________________________________________

The following members of the Board considered this application in Executive
Session on 25 March 2004, under the provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. Beth M. McCormick, Panel Member
                 Mr. Albert C. Ellett, Panel Member

The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2003-03698.

      Exhibit A.  DD Form 149, dated 25 Nov 03, with attachments.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 20 Jan 04.
      Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04.




      ROBERT S. BOYD
      Panel Chair


AFBCMR BC-2003-01852



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 her
discharge on 5 August 2003, her reenlistment eligibility (RE) code was 3A.







                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency