RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02530
		INDEX CODE:  100.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed so that she may join the Army Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was honorably discharged and her RE code does not match her service characterization.  In support of her request applicant provided a personal statement and copies of documents associated with her discharge from the Air National Guard (ANG).  Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force.  

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFP reviewed applicant's request and recommends denial.  DPFP states that she was twice discharged from the Alabama ANG for fraudulent enlistment.  In 1992 she failed to reveal that she had dependent children and in 1994 she failed to disclose her arrest by civilian authorities as an accomplice to murder (see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that prior to her first enlistment she did in fact indicate that she had two children, which at the time did not reside with her.  She was told by her recruiter to list only the felonies that she had been convicted of, not those in which she was only questioned.  Numerous background checks have been performed on her and none contained any incriminating information.  Applicant asks that the Board perform a background check prior to rendering a decision in her case.  Her complete submission is at Exhibit E.

_________________________________________________________________

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.  Evidence has not been provided in support of her appeal which would lead us to believe that a change to her reenlistment eligibility (RE) code is warranted.  We took notice of her complete submission in judging the merits of this case; however, we do not find her uncorroborated assertions sufficiently persuasive to override the rationale provided by the Air National Guard.  The applicant’s failure to timely file has added to the difficulty in obtaining all relevant records, the burden of which must be the applicant’s, not the Air Force’s.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that she has not been the victim of an error or injustice.  In the absence of persuasive 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 01-02530 in Executive Session on 27 Feb 02, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPFP, dated 28 Dec 01, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jan 02.
    Exhibit E.  Letter, Applicant, dated 8 Feb 02.