RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03760
		INDEX CODE:  110.02
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

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THE APPLICANT CONTENDS THAT:

The applicant makes no contentions.

In support of the appeal, the applicant submits a copy of DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, a copy of DD Form 214, Certificate of Release or Discharge from Active Duty, and a copy of AF Form 100, Request and Authorization for Separation.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 January 2003.  On 27 February 2003, he was diagnosed with migraine headaches and it was determined that this condition existed prior to his enlistment.  In a written statement, dated 18 February 2003, the applicant acknowledged that his problem with migraine headaches existed prior to service and he did not disclose this condition to his recruiter.  On 20 February 2003, he was notified by his commander that he was being recommended for discharge for fraudulent entry.  After being advised of his rights, member waived his rights to submit statements in his own behalf.  He also waived his right to an attorney.  Case was reviewed by the base legal services and found to be legally sufficient to support discharge.  The discharge authority approved the separation and ordered an uncharacterized, entry-level separation.  

On 27 February 2003, he was discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen  (fraudulent entry into military service) and was issued an entry-level uncharacterized separation.  He received an RE code of 2C, Involuntarily separated with an honorable discharge; or entry- level separation without characterization of service.  He served 1 month and 14 days total active service.

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AIR FORCE EVALUATION:

AFPC/DPPRSP recommends denial.  Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DoD) determined if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service.  Therefore, his uncharacterized character of service is correct and in accordance with DoD and Air Force instructions.  The applicant did not submit any errors or injustices that occurred in the discharge process.  Additionally, he provided no facts warranting a change in his discharge.  

The DPPRSP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Dec 03, 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 application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the available evidence and the applicant's complete submission, the Board is not persuaded that the applicant has been the victim of an error or injustice.  At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation.  We believe that given the circumstances surrounding the applicant’s separation, the RE code issued was in accordance with the appropriate directives.  Therefore, we find no basis upon which to recommend favorable action on this application.

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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-2003-03760 in Executive Session on 3 February 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 22 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.