RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00838
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he can reenlist in the military.

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APPLICANT CONTENDS THAT:

While going through the discharge process, it was explained to him that with his current RE code, he was eligible to enlist in all other branches of the service other than the Air Force.  When he talked to the recruiters recently, he was told that he must get the RE code changed to one that can be waived.  For the past five years, he has worked with the Housing Authority’s Police Force as a private investigator and as a weapons instructor.  Throughout this time, he has always tried to maintain the military discipline he was taught while in basic training.  He asks that he be given the chance to prove himself and to repay a bit of the opportunities that the men and women who have worn the uniforms of the Armed Forces earned by taking his place in the wall that defends our country.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

On 18 May 95, the applicant enlisted in the Regular Air Force (RegAF) for a period of four years in the grade of airman basic.

On 29 Jun 95, applicant was notified that his commander was recommending that he be discharged from the Air Force for fraudulent entry.  The reason for the commander’s action was that applicant intentionally concealed arrests by civilian authorities, which if revealed, could have resulted in rejection of his enlistment.  Specifically:

		a.	On 27 Jun 93, he was arrested for receiving stolen property.

		b.	On 10 Sep 93, he was arrested for possession of criminal tools and receiving stolen property/motor vehicle.

		c.	On 22 Feb 94, he was arrested for receiving stolen property/motor vehicle.

		d.	On 7 Jun 95, he was arraigned on charges of receiving stolen property and motor vehicle and failure to comply and given a court date of which he failed to appear.  A warrant for his arrest was issued on 29 Jun 95.

		e.	He would not have been allowed to enlist in the Air Force had this information been revealed to his recruiter at the time of his enlistment.

After consulting with counsel, applicant submitted statements for consideration.

On 25 Jul 95, the applicant was separated with an entry level separation under the provisions of AFI 36‑3208 (Fraudulent Entry Into Military Service) with an uncharacterized character of service and an RE code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service).  He served 2 months and 1 day total active service but received no credit for this time due to his fraudulent entry.  He had lost time from 27 Jun through 29 Jun 95.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

The Assistant Noncommissioned Officer-in-Charge (NCOIC), Separation Procedures Section, AFPC/DPPRS, reviewed this application and indicated that based on the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation at that time.  Additionally, the discharge was within the sound discretion of the discharge authority.  The applicant did not identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting a change in his separation code.  Accordingly, DPPRS recommends his records remain the same and his request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit D.

The Special Programs and AFBCMR Manager, AFPC/DPPAES, also reviewed this application and indicated that they conducted a review of applicant’s case file.  The RE code 2C is correct.  The applicant was involuntarily separated with his character of service listed as uncharacterized.

A complete copy of their evaluation is attached at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 18 May 01 for review and response.  As of this date, no response has been received by this office.

On 13 Jul 01, a copy of the FBI report was forwarded to applicant for review and response.  The Board requested applicant provide additional evidence pertaining to his post-service activities (Exhibit G).  As of this date, no response has been received by this office.

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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 probable error or injustice.  We have reviewed the applicant’s entire record and the circumstances surrounding his separation from the Air Force in 1995.  If, as he asserts, he has overcome his difficulty, then we applaud him.  However, members separated from the Air Force are furnished an RE code predicated upon the quality of their service and the circumstances of their separation.  Applicant’s RE code accurately defines the circumstances of his separation.  In view of the above, we have no basis on which to make any changes to the record; thus, we find no compelling reason to grant the request.

4.	We note the letters of recommendation provided from applicant’s Military Personnel Records from 1995.  However, he has furnished limited current information on his activities since leaving the service.  Should be provide current information, i.e., statements from his employers (past and present), letters from responsible persons who know him well and can attest to his character and standing in the community, and, if available, a police clearance, we would be willing to reconsider his application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 30 August 2001, under the provisions of Air Force Instruction 36‑2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 22 Mar 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report.
     Exhibit D.  Letter, AFPC/DPPRS, dated 17 Apr 01.
     Exhibit E.  Letter, AFPC/DDPPAES, dated 23 Apr 01.
     Exhibit F.  Letter, AFBCMR, dated 18 May 01.
     Exhibit G.  Letter, AFBCMR, dated 13 Jul 01, w/atchs.

                                   
                                   Panel Chair