RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03699
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to allow him to reenter the military.

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THE APPLICANT CONTENDS THAT:

During his last weeks of basic training, a background check disclosed that he had too many tickets.  As a result, he was discharged for fraudulent enlistment.  Since his discharge, he has not received a ticket of any kind and has been holding a job with a government contractor.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his enlistment with the Air Force on 15 January 2002, for a period of four years.  On 13 March 2002, he received an uncharacterized entry-level separation for fraudulent enlistment, and was issued an RE code of 2C (Involuntarily separated with an entry-level separation without characterization of service).  The specific basis for the discharge action was his failure to disclose to the recruiter his previous shoplifting violation.  He completed 1 month and 29 days of active service; however, this time is not creditable service due to the fraudulent entry.

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AIR FORCE EVALUATION:

AFPC/DPPRSP recommends the application be denied and states, in part, that had the Air Force known of the applicant’s prior shoplifting violation, he would have been ineligible to enlist.  He has identified no errors or injustice in the processing of his discharge, nor provided documentation to warrant a change to his records.

The AFPC/DPPRSP evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 19 December 2003 for review and response within 30 days.  However, 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice concerning the applicant’s RE code.  The applicant has provided no evidence showing that his assigned RE code is in error or contrary to the prevailing instruction.  It appears his discharge was in compliance with the governing Air Force Instruction in effect at the time of his separation and that he was afforded all the rights to which entitled.  The RE code which was issued at the time of his discharge accurately reflects the circumstances of his separation, i.e., involuntarily separated with an entry-level separation without characterization of service.  Accordingly, we do not find this code to be in error or unjust.  Therefore, we conclude that no basis exists upon which to recommend favorable action on his request that it be changed.

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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.

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The following members of the Board considered Docket Number BC-2003-03699 in Executive Session on 4 February 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 26 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.