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AF | BCMR | CY2004 | BC-2003-03760
Original file (BC-2003-03760.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03760
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The applicant makes no contentions.

In support of the appeal, the applicant submits  a  copy  of  DD  Form  293,
Application for the Review of Discharge or Dismissal from the  Armed  Forces
of the United States, a copy of DD  Form  214,  Certificate  of  Release  or
Discharge from Active  Duty,  and  a  copy  of  AF  Form  100,  Request  and
Authorization for Separation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 January 2003.   On  27
February  2003,  he  was  diagnosed  with  migraine  headaches  and  it  was
determined that this condition  existed  prior  to  his  enlistment.   In  a
written statement, dated 18 February 2003, the applicant  acknowledged  that
his problem with migraine headaches existed prior to service and he did  not
disclose this condition to his recruiter.   On  20  February  2003,  he  was
notified by his commander that he was being recommended  for  discharge  for
fraudulent entry.  After being advised of  his  rights,  member  waived  his
rights to submit statements in his own behalf.  He also waived his right  to
an attorney.  Case was reviewed by the base legal services and found  to  be
legally sufficient to support discharge.  The discharge  authority  approved
the separation and ordered an uncharacterized, entry-level separation.

On 27 February 2003, he was discharged under the provisions of AFI  36-3208,
Administrative  Separation  of  Airmen   (fraudulent  entry  into   military
service) and was  issued  an  entry-level  uncharacterized  separation.   He
received an RE  code  of  2C,  Involuntarily  separated  with  an  honorable
discharge; or entry- level separation without characterization  of  service.
He served 1 month and 14 days total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP   recommends   denial.     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 (DoD) determined if a  member  served  less  than  180
days of continuous active service, it would be unfair to the member and  the
service   to   characterize   their   limited   service.    Therefore,   his
uncharacterized character of service is correct and in accordance  with  DoD
and Air Force instructions.  The applicant did  not  submit  any  errors  or
injustices  that  occurred  in  the  discharge  process.   Additionally,  he
provided no facts warranting a change in his discharge.

The DPPRSP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19  Dec
03, 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 application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
available evidence and the applicant's complete  submission,  the  Board  is
not persuaded that the  applicant  has  been  the  victim  of  an  error  or
injustice.  At the time members are separated from the Air Force,  they  are
furnished an RE code predicated  upon  the  quality  of  their  service  and
circumstances of their separation.  We believe that given the  circumstances
surrounding  the  applicant’s  separation,  the  RE  code  issued   was   in
accordance with the appropriate directives.  Therefore,  we  find  no  basis
upon which to recommend favorable action on this application.

_________________________________________________________________

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  Docket  Number  BC-2003-03760
in Executive Session on 3 February 2004, under the  provisions  of  AFI  36-
2603:

                       Ms. Charlene Bradley, Panel Chair
                       Ms. Brenda L. Romine, Member
                             Ms. Ms. Martha Maust, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Oct 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRSP, dated 26 Nov 03.
      Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.



                                   Charlene Bradley
                                   Panel Chair

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