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AF | BCMR | CY2006 | BC-2005-03745
Original file (BC-2005-03745.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  2005-03745
                                             INDEX  CODE:   100.06,
110.02

                                             COUNSEL:  NONE

                                             HEARING DESIRED: NO



MANDATORY CASE COMPLETION DATE:  10 JUNE 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed  to  a  favorable
code to permit reentry into the military.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The separation code he received indicates an involuntary separation
which caused his reentry code to be unfavorable.

His separation from the Air Force Academy was voluntary.   He  made
the decision to leave on his own behalf.

In support of his appeal, the applicant provided a  copy  of  USAFA
Form 0-112-1, Request and Authorization for Reassignment/Separation
– Air Force Military.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant entered the United States Air Force  Academy  (USAFA)  on
30 Jun 05.  On 30 Aug 05, he voluntarily submitted  a  request  for
resignation from the USAFA for personal reasons.  On 14 Sep 05, the
Superintendent of the USAFA accepted his tender of resignation  and
directed that he receive an entry-level separation.

On 20 Sep 05, the applicant received an uncharacterized entry level
separation and was issued an RE code of 4L (separated commissioning
program eliminee).  He served  2  months  and  21  days  of  active
military service.

________________________________________________________________


AIR FORCE EVALUATION:

HQ USAFA/DPY  reviewed  the  application  and  stated,  the  member
volunteered to leave; however, when a member is  separated  from  a
commissioning program the RE code 4L  is  used  regardless  of  the
underlying reasons behind the separation, as listed in AFI 36-2606.
 From their position, as well  as,  the  Directorate  of  Personnel
Program Management Office at AFPC,  this  is  the  only  applicable
code.   The  RE  code  4L  is  appropriate  for  anyone  who  is  a
commissioning program eliminee.  His separation orders indicate  he
voluntarily separated, as well  as  his  DD  Form  785,  Record  of
Disenrollment from Officer Candidate – Type Training.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 Dec 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   As  of  this
date, no response has been received by this office.  (Exhibit C)

___________________________________________________________________

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.   Applicant’s
contentions are duly noted; however, we are not  persuaded  the  RE
code should be changed.  We find no error or injustice with regards
to the assigned RE code.  At the time members  are  separated  from
the Air Force, they are furnished an RE code  predicated  upon  the
quality of their service and  circumstances  of  their  separation.
The assigned code  reflects  the  Air  Force’s  position  regarding
whether or not, or under what circumstances, the individual  should
be allowed to reenlist.  The applicant’s RE Code 4L is  appropriate
for  anyone  who  is  eliminated  from  a  commissioning   program,
regardless  of  the  underlying  reasons  behind  the   separation.
Applicant’s RE code is a code that can be waived for prior  service
enlistment  consideration,  provided  applicant  meets  all   other
requirements  for  enlistment  under  an  existing  prior   service
program.  In view of the foregoing, and in the absence of  evidence
to the contrary, we find no basis upon which to favorably  consider
his request to change his reenlistment eligibility code.

___________________________________________________________________

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-2005-
03745  in  Executive  Session  on  14  February  2006,  under   the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. LeLoy W. Cottrell, Member
      Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Dec 05, w/atch.
    Exhibit B.  Letter, USAFA/DPY, dated 13 Dec 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 23 Dec 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

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