RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-03698
								INDEX CODE:  110.00; 110.02
								COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

She did not know that she was pregnant when she entered the Air Force.  She was tested before and after she entered the Air Force, and the results from both pregnancy tests were negative.  She completed basic training, and finished two weeks of Technical School without knowing that she was pregnant.  She was given the option to remain in the Air Force or separate from active duty and re-enter the Air Force at a later date.  She elected to separate because she did not want to leave her child in the care of her mother, who she felt was not stable enough to take care of a child.  Approximately two months after she had returned to her home, her pregnancy ended in a stillbirth due to complications from high blood pressure.

She would really like to re-enter the Air Force so that she can finish what she started and do something with her life.  

In support of her request, the applicant has submitted a statement explaining the circumstances of her case, a copy of her separation document, and a physical profile serial report.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 16 April 2002, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman basic for a period of four years.  The applicant completed basic military training, and entered technical training school.  

On 10 July 2002, a nurse practitioner assigned to the XXXXX, XXXX AFB, XX, submitted a Notification of Trainee Pregnancy memorandum that stated the applicant had two or more positive pregnancy tests, presumptive, but not conclusive, of an intrauterine pregnancy.  The nurse practitioner indicated per Air Force Instruction 48-123, pregnancy was disqualifying for appointment, enlistment, and induction, and this standard applied during the enlistee’s first six months of active duty, thus, the applicant’s condition warranted an entry-level separation.

On 28 July 2002 the applicant’s military flight training commander notified the applicant that he was recommending she be separated from the Air Force under AFPD 36-32 and AFI 36-3208 Erroneous Enlistment.  The applicant was advised of her rights.  The applicant acknowledged receipt of notification and waived her rights to consult counsel and submit statements in her own behalf.  The discharge case file was reviewed by the Assistant Staff Judge Advocate, and was found legally sufficient.  The discharge authority approved the recommended separation and directed that the applicant be separated with an uncharacterized entry-level separation.

On 5 August 2002, the applicant was separated with an entry-level separation because of Erroneous Entry (Other).  She had served three months and 20 days on active duty.  A reenlistment eligibility (RE) code of 2C (Involuntarily separated with an entry level separation without characterization of service) was assigned.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS offers no recommendation to correct the record; however concludes that based on the applicant’s circumstances and current situation, if the board grants the correction requested, the records should be corrected to indicate applicant is eligible for reenlistment (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 30 January 2004 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.  Sufficient relevant evidence has been presented to demonstrate the existence of injustice.  Although the RE code assigned at the time of the applicant’s separation was technically correct, based on the facts and circumstances surrounding the applicant’s discharge, the events that transpired after her separation, her keen desire to reenter the armed forces, we believe it would be an injustice for her to continue to suffer the adverse effects of an RE code that forever bars her reentry into the armed forces.  Therefore, we recommend the RE code of 2C be changed to 3A, a code for first-term, nonprior service, females who enlisted into the Air Force and “it was later discovered they were pregnant before their enlistment,” and were immediately discharged.  The applicant should be aware that this change to her RE code does not automatically entitle her to enlist.  RE-3A is a waiverable code and the determination as to whether or not the code will be waived is based on the needs of the service to which application is made.  In view of the foregoing we recommend her records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of her discharge on 5 August 2002, her reenlistment eligibility (RE) code was 3A.

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The following members of the Board considered this application in Executive Session on 25 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03698.

	Exhibit A.  DD Form 149, dated 25 Nov 03, with attachments.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated 20 Jan 04.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04.

	

AFBCMR BC-2003-01852

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of her discharge on 5 August 2003, her reenlistment eligibility (RE) code was 3A.