RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:					DOCKET NUMBER:  02-01677

									INDEX CODE:  100.03
	
									HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of 2I be corrected or upgraded.  

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APPLICANT CONTENDS THAT:

She is exploring opportunities with the Virginia Air National Guard.  The recruiter informed her that the reentry code of 2I on her DD Form 214 disqualifies her from reentering the service.  She was unaware that the Air Force had placed a code on her DD Form 214 that prohibits her from serving her country again.  Following the events of September 11, she has felt a passionate need to become a part of an organization that supports and promotes freedom and love for the country.  She strongly believes that the RE code is an error. 

In support of her appeal, applicant submits a personal statement and a copy of her DD Form 214.

The applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 March 1989.  She was progressively promoted to the grade of senior airman. On 23 September 1991, she requested an early separation from the Air Force due to gaining employment in a privately owned company.  She indicated that she had no intention of reenlisting or becoming a U.S. citizen.  Based on her request, applicant was honorably discharged on 1 November 1991.  She served 2 years, 7 months and 23 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPAE reviewed the application and states that the RE Code of 2I, “non-U.S. citizen serving on initial enlistment” is correct.  The DPPAE evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 July 2002, a copy of the Air Force evaluation was forwarded to the applicant for review and response.  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 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.  The evidence of record refutes the applicant’s assertion that her RE code was erroneous at the time it was assigned.  The record reveals she was separated prior to the expiration of her term of service at her own request and that she was a noncitizen at that time.  Therefore, the RE code she received denoting her status as a noncitizen was correct.  In addition, other than her own assertions, the applicant has provided no evidence that would lead us to believe her RE code is unjust or that she was treated differently from other similarly-situated individuals.  Accordingly, her request is not favorably considered.

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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 October 2002, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence for AFBCMR Docket Number 02‑01677 was considered:

    Exhibit A.  DD Form 149, dated 13 May 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 2 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 02.

                                   
                                   Panel Chair