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AF | BCMR | CY2007 | BC-2007-01106
Original file (BC-2007-01106.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01106
            INDEX CODE:  100.06, 110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of “2C” be changed to permit  reentry
into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code should be changed because of mistakes made by both  the  Raleigh
Military Entrance Processing Station (MEPS) and the medical squadron.

On 26 Aug 05, when he was first  processed  in  at  the  Raleigh  MEPS,  his
height was 64 inches and his weight 153 pounds, with a  max  weight  of  160
pounds.  He maintained a qualified weight until    1 May 06.  On 2  May  06,
he was given a weight and height measurement, his height was 63  inches  and
his weight 157 pounds.  The same day he was given  a  Body  Fat  Measurement
(BFM) which was 20%.  One week later he was given another  BFM  and  was  at
24%.  He was told he was going into a program to  lose  the  body  fat,  but
instead he was processed for separation.

In support of his request, applicant provided copies of his DD Form 214  and
separation documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 May 06,  for  a  period
of four years in the grade of airman basic.

On 15 May 06, the squadron commander notified  the  applicant  that  he  was
recommending he be discharged  from  the  Air  Force  for  erroneous  entry.
Specifically, applicant exceeded  the  maximum  allowed  Body  Fat  Standard
(BFS) of 20% with a BFM of 24%.  Had  the  Air  Force  known  prior  to  his
enlistment they could have rendered him ineligible to enlist.

The applicant acknowledged receipt of the notification on  22  May  06,  and
after consulting  with  legal  counsel,  submitted  statements  in  his  own
behalf.  The base legal office  reviewed  the  case  and  found  it  legally
sufficient to support separation  and  recommended  applicant  be  separated
from the  service  with  an  entry-level  separation.   On  2  Jun  06,  the
discharge authority approved an entry-level separation.

On 8 Jun 06, applicant received an uncharacterized  entry-level  separation,
with separation code JFC (Erroneous Entry (Other)), and  was  issued  an  RE
Code of 2C (involuntarily  separated  with  an  uncharacterized  entry-level
separation).  He served one month and seven days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied,  and  states,  in  part,
based on the documentation on file in  the  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.

Applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge processing.  He provided no facts  warranting
a change to his reenlistment eligibility code.

Airmen   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 (DoD) 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, his uncharacterized character  of  service  is  correct  and  in
accordance with DoD and Air Force instructions.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Jun 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record and the applicant’s complete  submission,  the  Board  is  of  the
opinion there was no deliberate deception on the part of the applicant  upon
his entry into the Air Force.  While the RE code assigned to the  applicant,
at the time was technically correct and in accordance  with  the  applicable
instructions, we believe it would be an injustice for  him  to  continue  to
suffer its effects in the way  of  enlistment  opportunities  in  the  armed
forces.  Furthermore, we  find  it  appropriate  that  he  be  afforded  the
opportunity to apply for a waiver to enlist in the armed services and  allow
him the opportunity to further serve his country.   Whether  or  not  he  is
successful will depend on the needs of the respective services at  the  time
and our recommendation in no way guarantees  that  he  will  be  allowed  to
return  to  any  branch  of  service;  this  will  simply  afford  him   the
opportunity to  apply  for  a  waiver  to  enlist  in  the  armed  services.
Accordingly, we recommend that  the  applicant’s  records  be  corrected  as
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 8  June  2006,  he  was  separated
under the provisions of AFI 36-3208, paragraph 1.2  (Secretarial  Authority)
with a separation code of JFF and a reenlistment eligibility  (RE)  code  of
3K.

_______________________________________________________________

The following members of the Board  considered  Docket  Number      BC-2007-
01106 in Executive Session on 21 August 2007, under the  provisions  of  AFI
36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. Steven A. Cantrell, Member

All members voted to correct the records,  as  recommended.   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, AFPC/DPPRS, dated 15 May 07.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.




                                   LAURENCE M. GRONER
                                   Panel Chair


AFBCMR BC-2007-01106


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to [APPLICANT], be corrected to show that on 8 June 2006, he was
separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial
Authority) with a separation code of JFF and a reenlistment eligibility
(RE) code of 3K.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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