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AF | BCMR | CY2007 | BC-2007-00686
Original file (BC-2007-00686.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00686
                                        INDEX CODE:  104.00
                                        COUNSEL: NONE
                                        HEARING DESIRED: NOT INDICATED

MANDATORY CASE COMPLETION DATE:  7 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed so he  may  reenlist
in the Armed Forces.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He requested self-elimination from the Officer Training  School  (OTS)
because he was informed  that  no  consideration  would  be  given  to
spousal  geographical  status.   The  separation   would   have   been
detrimental to his marriage  and  impaired  his  ability  to  continue
training.  At present, he is a Special Agent with the  Federal  Bureau
of Investigations.  He has served in the military as a Marine  and  an
Army paratrooper.  He can attest to having the ability to complete any
physical or mental training.  He wants to reenlist in the military  in
a Reserve capacity.

In support of his request, applicant provides a personal statement and
copies of his Army, Marine and Air Force DD Form 214s.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26  May  2000  and
was enrolled in Officer Training School (OTS).

On  2  June  2000,  the  applicant   initiated   his   self-initiated
elimination (SIE) request and acknowledged that he  fully  understood
the consequences of his request  to  SIE.    On  17  June  2000,  his
commander approved his request.  The applicant was discharged  on  19
June 2000 by reason of “Failure to Complete Commissioning or  Warrant
Program” with a Reenlistment Eligibility


(RE) code of “4L”  which  denotes  “Separated  Commissioning  Program
Eliminee.”  He had served 24 days on active duty.


_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied.  DPPAE  advises  that
the applicant has not provided evidence that he is barred from further
service.  There was no evidence of error or  injustice  noted  in  the
applicant’s  disenrollment  and  his  self-initiated  elimination  was
voluntary and based on his personal reasons.  The AFPC/DPPAE  complete
evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
11 May 2007 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 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 error or injustice that would warrant a change to  his
RE code.  Evidence has not been provided that would lead us to  believe
the applicant’s discharge in 2000 was erroneous or  unjust.   When  the
applicant decided to request a  Self-initiated  Elimination  (SIE),  he
fully understood the consequences of his decision  to  self  eliminate.
After reviewing all the evidence provided, we  are  not  persuaded  the
applicant’s rights were violated or that  he  was  treated  differently
than any other Air Force members in the same  situation.   Accordingly,
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.  We note the  applicant’s
reenlistment eligibility code “4L” is  a  waiverable  code  and  if  he
wishes to reenter military service, his RE code can be waived depending
upon the needs of the service to which he applies.  Therefore, in  view
of the above and 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-2007-
00686 in Executive Session on 21 June 2007, under the provisions of AFI
36-2603:

           Mr. Michael K. Gallogly, Panel Chair
           Mr. Elwood C. Lewis, III, Member
           Ms. Sharon B. Seymour, Member


The following documentary evidence pertaining to Docket Number BC-2007-
00686 was considered:

   Exhibit A.  DD Form 149, 28 Feb 07, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 28 Mar 07, w/atchs.
   Exhibit D.  Letter, SAF/MRB, dated 11 May 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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