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AF | BCMR | CY2004 | bc-2003-03699
Original file (bc-2003-03699.doc) Auto-classification: Denied

                            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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