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AF | BCMR | CY2005 | BC-2005-02838
Original file (BC-2005-02838.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02838
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 MAR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

The reenlistment eligibility (RE) code reflected on her DD Form 214 be
changed from “4L” to “R1.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

She willingly volunteered for entry into the Air  Force  (AF)  Officer
Candidate Program with no previous military background or  experience.
She was unable to keep up with the AF culture and adapt to the officer
candidate school academics.  She did not complete the program  because
her grade point average (GPA) was 78 and she needed  to  maintain  the
required GPA of 80.

She recently found out while trying to enlist into the AF Reserve that
the RE code was “4L” and is preventing her from serving  her  country.
The recruiter  told  her  the  RE  code  she  received  was  given  to
servicemembers for criminal or unfit personnel.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force (RegAF) on 25  July  1980,
as an airman first class (A1C) for a period of four years.

On 31 July 1980, the applicant entered the Officer Candidate  Training
Program.   The  applicant  failed  her   First,   Second   and   Third
Consolidated Written Test (CWT).  She had an incomplete on her written
letter and an unsatisfactory on her editing and communication security
tests.  On 23 September 1980, the applicant was disenrolled  from  the
Officer Candidate Training Program.  She was  considered  for  reentry
into the program at a later date as an average candidate.

On 23 September 1980, the applicant submitted a request for separation
under the provisions of Air Force Regulation (AFR) 39-10 based on  her
elimination from Officer Training School with an effective date of  24
September 1980.  The applicant under the provisions of AFR  39-10  had
the option to request separation or remain  on  active  duty  for  the
duration of her four-year enlistment.

On 23 September 1980,  the  applicant’s  request  for  separation  was
approved and she was honorably discharged under the provisions of  AFR
39-10  with  a  separation  code  of   “KHD”   which   indicates   the
servicemember failed to complete commissioning program, and a RE  code
of “4L” which reflects the applicant separated  commissioning  program
eliminee.  She served two months of active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE states the RE code the applicant received  is  appropriate.
The applicant’s discharge  was  consistent  with  the  procedural  and
substantive requirements of the discharge regulation and the discharge
was within the discretion of the discharge authority.

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 7
October 2005, 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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  an  error  or   an   injustice.    After   careful
consideration of the circumstances  of  this  case  and  the  evidence
provided by the applicant, we are not persuaded that the  reenlistment
code she received upon separation from active duty  was  in  error  or
unjust.  Applicant’s contentions are duly  noted;  however,  we  agree
with the opinion and recommendation of the Air  Force  and  adopt  its
rationale as the basis for our conclusion that the applicant  has  not
been  the  victim  of  an  error  or  injustice.   The  applicant  was
eliminated from officer candidate training and submitted a request  to
be separated from the Air Force.  The applicant’s  separation  request
was approved and she was discharged from the Air Force for failure  to
complete a commissioning program, and assigned an RE code of  4L.   No
evidence was provided which would lead us to believe the discharge was
improper or contrary to the directives under which it was affected, or
that the RE code was inappropriately assigned.  Further, we  note  the
applicant’s reenlistment code is code that can be waived and depending
upon the needs of  the  service,  the  applicant  may  be  allowed  to
reenlist.  Therefore, in view of the  above  and  in  the  absence  of
sufficient 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-
2005-02838  in  Executive  Session  on  15  November  2005  under  the
provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Sep 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 30 Sep 05.
      Exhibit D. Letter, SAF/MRBR, dated 7 Oct 05.




                             RICHARD A. PETERSON
                             Panel Chair

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