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AF | BCMR | CY2006 | BC-2006-00609
Original file (BC-2006-00609.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00609
            INDEX CODE:  100.03, 100.06
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 21 SEP 07

________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) and separation  program  designator  (SPD)
code be changed so she may reenter military service.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was separated because of a mental health history that was determined  to
render  her  ineligible  for  military  service.   Although   she   received
counseling, it was deemed that she has no mental defects and should  not  be
restricted from military service.  At the time of  her  separation  she  was
under emotional strain caused by her former  husband's  threats  of  suicide
over their separation.  Applicant  understands  she  will  not  be  able  to
return to the Air Force but wishes to serve  in  the  U.S.  Navy.   She  has
divorced her husband and with the source of her duress removed, there is  no
impediment to her becoming a successful member of the armed forces.

In support of her request, applicant provided a  personal  statement  and  a
statement from her physician.  Her complete  submission,  with  attachments,
is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 Jan 04.  On 26 Jan 04,  she
was notified by her commander he was recommending she be separated from  the
Air  Force  under  the  provisions  of  AFI  36-3208,  paragraph  5.15,  for
fraudulent entry.  The basis for  the  recommendation  was  her  failure  to
indicate she had a history of mental  health  treatment.   She  acknowledged
receipt of the notification and elected to waive her rights to consult  with
counsel and submit statements in her own  behalf.   The  base  legal  office
reviewed the recommendation, found it legally  sufficient,  and  recommended
separation  with  an  entry-level  separation.   The   discharge   authority
concurred with the recommendations and directed  her  separation.   She  was
separated on 30 Jan 04.   She  was  assigned  RE  code  "2C"  which  denotes
"Involuntarily  separated  with  an  honorable  discharge;  or  entry  level
separation without characterization of service."  She was assigned SPD  code
"JDA" which denotes "Fraudulent entry into military service."
________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPRS recommends denial.  DPPRS states the  discharge  was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation and was within the discretion of the  discharge  authority.   The
applicant did not  submit  any  evidence  or  identify  any  errors  in  her
discharge processing.  She provided no facts warranting a change to  her  RE
or SPD codes.

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 24  Mar
06 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and  recommendation  of  the  Air  Force  and  adopt  their
rationale as the basis for the conclusion that the applicant  has  not  been
the victim of an error or injustice.   As  stated,  the  applicant  did  not
submit any evidence or identify any errors or injustices  that  occurred  in
the discharge processing.  Nor  did  she  provide  any  facts  warranting  a
change to her reenlistment eligibility  code  or  SPD.   Therefore,  in  the
absence of evidence to the contrary, we find no 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-2006-
00609 in Executive Session on 9 May 2006, under the provisions  of  AFI  36-
2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Mary C. Puckett, Member
                       Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Feb 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 17 Mar 06.
      Exhibit D. Letter, SAF/MRBR, dated 24 Mar 06.




                             JAMES W. RUSSELL III
                             Panel Chair

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