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AF | BCMR | CY2005 | BC-2005-01309
Original file (BC-2005-01309.doc) Auto-classification: Approved

                             RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01309
            INDEX CODE:       100.03, 100.06
      xxxxxxxxxxxxxx   COUNSEL:  NONE

      xxxxxxxxxxxxxxxx HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  21 OCT 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code “2C” be  changed  to  one  that
would allow her to enlist in the Air National Guard.
_________________________________________________________________

APPLICANT CONTENDS THAT:

A local Recruiter informed her that she was ineligible  to  enlist  in
any branch of the military and requests her DD Form 214 be changed.

In support of her request, applicant provided DD Form 293, Application
for the Review of Discharge  from  the  Armed  Forces  of  the  United
States.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 October 2002, for
a term of 4 years.

On 25 January 2005, she was notified  of  her  commander’s  intent  to
recommend that  she  be  discharged  from  the  Air  Force  under  the
provisions  of  AFI  36-3208,  Administrative  Separation  of  Airmen,
(Unsatisfactory Performance) with an honorable discharge.

The reason for this action was that she failed her career  development
course (CDC) end-of-course test on 13 April 2004, and again on 26  May
2004.  She was advised of her rights in this matter  and  acknowledged
receipt of the notification on that same date.

She consulted with counsel and submitted statements for consideration.
 In a legal review of the case file, the base legal office  found  the
case  legally  sufficient  to  support  discharge.     The   discharge
authority approved the separation and ordered an  honorable  discharge
without probation and rehabilitation.

She was separated from the Air Force on  11  February  2005,  with  an
honorable service characterization  and  received  a  RE  code  of  2C
”Involuntarily separated with an honorable discharge; or  entry  level
separation without characterization of service.”

She served two years, four months and four days on active duty.

_____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.    DPPRS   states   based   upon   the
documentation in the file,  the  discharge  was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
Additionally, the discharge was within the discretion of the discharge
authority.  The applicant did not submit any new evidence or  identify
any errors or injustices that occurred in the discharge process.   She
provided no facts warranting a change to her RE code.

The DPPRS 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
29 Apr 05, 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice.  After reviewing the evidence of record, it
appears that her separation was proper  and  in  compliance  with  the
appropriate regulations in effect at the  time.   However,  since  her
record is clear of  any  disciplinary  problems,  the  Board  majority
believes that she should be provided the opportunity  to  reapply  for
entry in the Armed Forces.  Whether or  not  she  is  successful  will
depend on the needs of the service and our recommendation  in  no  way
guarantees that she will  be  allowed  to  return  to  any  branch  of
service.  Therefore, the Board majority recommends that 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  11  February  2005,  she  was  issued  a   Reenlistment
Eligibility (RE) code of "3K".

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
01309 in Executive Session on 9 June 2005, under the provisions of AFI
36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Michael J. Maglio, Member
                 Mr. Grover L. Dunn, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Dunn voted to deny the applicant’s request but  does
not wish to submit a minority report.

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Apr 05 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 21 Apr 05.
      Exhibit D. Letter, SAF/MRBR, dated 29 Apr 05.




      RICHARD A. PETERSON
      Panel Chair

AFBCMR BC 2005-01309




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 11 February 2005, she was issued a Reenlistment Eligibility
(RE) code of "3K".







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency




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