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AF | BCMR | CY2004 | BC-2004-00155
Original file (BC-2004-00155.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00155
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be  changed  to  allow  him  to
reenlist in military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he enlisted in the military, he was unable to  handle  the
pressure but now he feels he has  all  the  tools  to  complete  basic
training and be a fine serviceman.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserves on 22 November  2002,  as
an airman basic (AB) for a period of six years and entered active duty
on 25 February 2003 to attend Basic Military Training (BMT).

On 6 March 2003, the applicant underwent a Mental Health evaluation at
XXXXX XXXXX Medical Center (XXMC).   The  applicant  reported  he  was
experiencing increased irritability, frustration,  incidents  of  head
banging to  release  his  frustration,  difficulty  breathing  due  to
increased  nervousness  and   tension,   problems   with   sleep   and
concentration, intrusive memories and flashbacks of his past abuse  as
a child.  He also reported an incident of  fleeting  suicide  ideation
while  in  BMT.   The  evaluation  diagnosed  the  applicant  with  an
Adjustment Disorder with Mixed Disturbances of Emotions  and  Conduct.
The  psychologist  recommended  the  applicant   be   administratively
separated.  His diagnosis of Adjustment  Disorder  did  not  meet  the
retention standards for continued military service.

On 7 March 2003, the applicant was notified of his commander’s  intent
to recommend him for an entry level discharge for fraudulent entry for
the following reason:

            The applicant  failed  to  inform  his  recruiter  of  his
history of suicide attempts.

The commander advised the applicant of his right  to  consult  legal
counsel, and if he so desired an  appointment  would  be  made  upon
request, and to submit statements in his own behalf.  He was advised
that failure to consult with  counsel  or  submit  statements  could
constitute his waiver of his rights to do so.

On 7 March 2003,  the  applicant,  after  consulting  with  counsel,
waived his right to submit a statement.

On 10 March 2003, a legal review was  conducted  in  which  the  staff
judge advocate (SJA) recommended the applicant be  separated  with  an
entry level separation.

The discharge authority approved the applicant be discharged with an
entry level separation.

The  applicant  was  separated  with  an  uncharacterized  entry-level
separation on 13 March 2003 for fraudulent entry into the  Air  Force,
in the grade of airman first class (A1C) and  issued  an  RE  code  of
“2C,” Involuntarily separated with an honorable discharge;  or  entry-
level separation without characterization of service.

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.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS states based upon the documentation in  the  applicant's
records, they believe his discharge was consistent with the procedural
and substantive requirements of the discharge regulation.   Also,  the
discharge was within the sound discretion of the discharge authority.

Air  Force  policy  is  that  entry-level  separations/uncharacterized
service characterizations are given to  servicemembers  who  have  not
completed more than  180  days  of  continuous  active  service.   The
Department of Defense (DOD) determined if a servicemember served  less
than 180 days of active service, that it would be unfair to the member
to characterize that service.  The applicant's uncharacterized service
is correct and in accordance
with DOD and AFIs.   The  uncharacterized  separation  should  not  be
viewed  as  negative  and  not  be  confused  with  other   types   of
separations.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
20 February 2004, 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After careful  consideration  of
the circumstances of this  case  and  the  evidence  provided  by  the
applicant, we are not persuaded that  the  discharge  action  and  the
resulting reenlistment code he  received  were  in  error  or  unjust.
Applicant’s contentions are duly noted; however,  we  agree  with  the
opinions  and  recommendations  of  the  Air  Force  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error  or  injustice.   Shortly  after  entering
basic military training,  the  applicant  underwent  a  Mental  Health
Evaluation and was diagnosed with an Adjustment  Disorder  with  Mixed
Disturbances of Emotions and Conduct.  The applicant’s diagnosis of an
Adjustment Disorder did not meet the retention standards for continued
military service.  Therefore, in view of the above and in the  absence
of evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in 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 AFBCMR Docket Number BC-
2004-00155 in Executive Session on 23 March 2004 under the  provisions
of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 21 Jan 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 13 Feb 04.
      Exhibit D. Letter, SAF/MRBR, dated 20 Feb 04.




                             RICHARD A. PETERSON
                             Panel Chair

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