RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  01-02238
		INDEX CODE 100.06
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed from “2I” (Non-US citizen serving on initial enlistment) to one that would allow reenlistment.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant, who was born in the Philippines, entered active duty on 13 Jun 96. According to AF Form 31, Airman’s Request for Early Separation, on 10 Sep 99 she requested early separation on 1 Dec 99 “in order to provide maternal care” for her child due in Dec 99. Her request was approved on 27 Sep 99. The applicant was honorably discharged on 1 Dec 99 in the grade of senior airman for pregnancy/childbirth with 3 years, 5 months and 19 days of active service. She was given an RE code of “2I.”

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS provided its rationale for recommending denial.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE notes that since there is no RE code directly associated for pregnancy, the RE code “2I” is correct since that was the status of the applicant at the time of separation.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 12 Oct 01 for review and comment within 30 days.  As of this date, this office has received no response. 

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THE BOARD CONCLUDES THAT:

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

2.	The applicant was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her RE code should be changed to one allowing reenlistment. Her contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. According to AFI 36-3606, non-US citizens such as the applicant who enlisted on or after 1 Nov 82 must become US citizens during their initial enlistment before they can reenlist. Six months before her enlistment term was completed, the applicant applied for separation due to pregnancy. Her request was approved and, since there is no RE code directly associated with pregnancy, “2I” was most applicable because she was a non-US citizen serving on initial enlistment at the time of her separation. The applicant has not demonstrated that her reason for separation and RE code are incorrect, that she did not have sufficient opportunity to obtain US citizenship while in the service, or that she has subsequently obtained US citizenship. We therefore agree with the recommendations of the Air Force and, absent persuasive evidence to the contrary, find no compelling basis to recommend granting the relief sought.

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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 15 November 2001 under the provisions of AFI 36-2603:
               Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 Jul 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 31 Aug 01.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 1 Oct 01.
   Exhibit E.  Letter, SAF/MRBR, dated 12 Oct 01.