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AF | BCMR | CY2006 | BC-2006-02904
Original file (BC-2006-02904.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02904
            INDEX CODE:  110.02

            COUNSEL: NONE


            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 MAR 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility  (RE)  code  be  changed  from  2C  to  a
favorable one that would allow her to reenlist into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was immature and she lied to her military training  instructor  in
an effort to separate from the Air Force.  She realizes  her  mistakes
and would like to serve her country.

In support of her request, the applicant submits a Personal  Statement
and a copy of her DD Form 214, Certificate  of  Release  or  Discharge
from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
31 August 1994.  On 23 September 1994, the applicant was  notified  by
her commander that he was recommending she be discharged from the  Air
Force for concealment of a medical condition, which if revealed  could
have resulted in rejection of  her  enlistment.   The  basis  for  the
action was that she failed to disclose  her  preservice  psychological
counseling.  She was advised of her rights in this matter.  She waived
her rights to consult counsel, and elected not to submit statements in
her own behalf.  The base legal office reviewed the case and found  it
legally sufficient to support separation and recommended applicant  be
separated with an entry-level  separation.   The  discharge  authority
approved the discharge and directed an entry-level separation.  On  23
September 1994, she was discharged with an uncharacterized entry-level
separation,  under  the  provisions  of  AFR   39-10,   Administrative
Separation of Airmen, (Fraudulent Entry into Military  Service).   She
received an RE code of 2C “Involuntarily separated with  an  honorable
discharge; or  entry  level  separation  without  characterization  of
service”.  She served 23 days total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon  the  documentation  in  the
file, the discharge was consistent with the procedural and substantive
requirements of the discharge regulation.  The  discharge  was  within
the discretion of the discharge  authority.   She  provided  no  facts
warranting a change to her RE code.   Airman,  are  given  entry-level
separation/uncharacterized service characterization when separation is
initiated in the first 180 days of  continuous  active  service.   The
Department of Defense determined if a member served less than 180 days
continuous active service, it would be unfair to the  member  and  the
service  to  characterize  their  limited  service.   Therefore,   her
uncharacterized character of service is correct and in accordance with
Department of Defense and Air Force instructions.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
17 Nov 06, for review and comment within 30 days.  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 to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of  an  error  or  injustice  to  warrant  changing  the
applicant’s reenlistment eligibility (RE) code.  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
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Therefore, in the  absence  of  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 Docket  Number  BC-2006-
02904 in Executive Session on 20 December 2006, under  the  provisions
of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Reginald P. Howard, Member
                 Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Sep 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, DPPRS, dated 6 Nov 06.
      Exhibit D. Letter, SAF/MRBR, dated 17 Nov 06.



      MICHAEL J. NOVEL

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