RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00933
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed from 2 to 1
so that he can reenlist in the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had a minor injury to his leg prior to his entrance into the
Air Force. He was unaware the injury was in his medical records
and forgot he ever went to the doctor. It was not his intent to
hide anything. Because of the designation Fraudulent entry into
military service, he is now unable to reenlist. He was truly
unaware of the consequences of his discharge when he left basic
training and, other than his own stupidity, he has no other
evidence to submit. He is older and wiser now and, if given the
chance, could be a model member of the Air Force. He would like
his RE code changed from a 2 to a 1 so he can reenlist in the Air
Force.
Applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Air Force on 22 Mar 05. On 27 Apr 05,
after 26 days of service, he was involuntarily separated for
fraudulent entry into military service for not disclosing a knee
injury he had received prior to enlisting. He received an RE code
of 2C, Involuntarily separated with an honorable discharge; or
entry level separation without characterization of service.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS notes the failure to disclose a
condition or diagnosis during the enlistment process, while an
administrative issue, calls into question the applicants
integrity and casts doubt on any of his further statements.
Additionally, the lack of medical documentation surrounding the
exact cause of the knee pain is insufficient to make an accurate
assessment of current function.
SGPSs complete evaluation, with attachment, is at Exhibit C.
AFPC/DPSOA recommends denial. DPOSOA states the applicant has not
provided evidence to support his request he be assigned an RE code
that would enable his reenlistment. The current RE code is
correct under the circumstances for which it was assigned.
DPSOAs complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 26 Sep 09 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 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
AFPC/DPSOA 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 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-2009-00933 in Executive Session on 2 February 2010, under the
provisions of AFI 36-2603:
Panel Chair
, Member
, Member
The following documentary evidence with regard to AFBCMR Docket
Number BC-2009-00933 was considered:
Exhibit A. DD Form 149, dated 12 Jun 09.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 3 Aug 09, w/atch.
Exhibit D. Letter, AFPC/DPSOA, dated 4 Sep 09.
Exhibit E. Letter, SAF/MRBR, dated 26 Sep 09.
Panel Chair
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