RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03699
INDEX NUMBER: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed to allow him to reenter
the military.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
During his last weeks of basic training, a background check disclosed that
he had too many tickets. As a result, he was discharged for fraudulent
enlistment. Since his discharge, he has not received a ticket of any kind
and has been holding a job with a government contractor.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his enlistment with the Air Force on 15 January
2002, for a period of four years. On 13 March 2002, he received an
uncharacterized entry-level separation for fraudulent enlistment, and was
issued an RE code of 2C (Involuntarily separated with an entry-level
separation without characterization of service). The specific basis for
the discharge action was his failure to disclose to the recruiter his
previous shoplifting violation. He completed 1 month and 29 days of active
service; however, this time is not creditable service due to the fraudulent
entry.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRSP recommends the application be denied and states, in part, that
had the Air Force known of the applicant’s prior shoplifting violation, he
would have been ineligible to enlist. He has identified no errors or
injustice in the processing of his discharge, nor provided documentation to
warrant a change to his records.
The AFPC/DPPRSP evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 19 December 2003 for review and response within 30 days. However, 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 error or injustice concerning the applicant’s RE code. The
applicant has provided no evidence showing that his assigned RE code is in
error or contrary to the prevailing instruction. It appears his discharge
was in compliance with the governing Air Force Instruction in effect at the
time of his separation and that he was afforded all the rights to which
entitled. The RE code which was issued at the time of his discharge
accurately reflects the circumstances of his separation, i.e.,
involuntarily separated with an entry-level separation without
characterization of service. Accordingly, we do not find this code to be
in error or unjust. Therefore, we conclude that no basis exists upon which
to recommend favorable action on his request that it be changed.
_________________________________________________________________
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-2003-03699
in Executive Session on 4 February 2004, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Mary Johnson, Member
Ms. Rita S. Looney, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 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.
MICHAEL K. GALLOGLY
Panel Chair
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