RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00609
		INDEX CODE:  100.03, 100.06
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 21 SEP 07

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) and separation program designator (SPD) code be changed so she may reenter military service.  

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APPLICANT CONTENDS THAT:

She was separated because of a mental health history that was determined to render her ineligible for military service.  Although she received counseling, it was deemed that she has no mental defects and should not be restricted from military service.  At the time of her separation she was under emotional strain caused by her former husband's threats of suicide over their separation.  Applicant understands she will not be able to return to the Air Force but wishes to serve in the U.S. Navy.  She has divorced her husband and with the source of her duress removed, there is no impediment to her becoming a successful member of the armed forces.

In support of her request, applicant provided a personal statement and a statement from her physician.  Her complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 Jan 04.  On 26 Jan 04, she was notified by her commander he was recommending she be separated from the Air Force under the provisions of AFI 36-3208, paragraph 5.15, for fraudulent entry.  The basis for the recommendation was her failure to indicate she had a history of mental health treatment.  She acknowledged receipt of the notification and elected to waive her rights to consult with counsel and submit statements in her own behalf.  The base legal office reviewed the recommendation, found it legally sufficient, and recommended separation with an entry-level separation.  The discharge authority concurred with the recommendations and directed her separation.  She was separated on 30 Jan 04.  She was assigned RE code "2C" which denotes "Involuntarily separated with an honorable discharge; or entry level separation without characterization of service."  She was assigned SPD code "JDA" which denotes "Fraudulent entry into military service."
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AIR FORCE EVALUATION:

AFPC/DPPPRS recommends denial.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors in her discharge processing.  She provided no facts warranting a change to her RE or SPD codes.

The DPPRS 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 24 Mar 06 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  As stated, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  Nor did she provide any facts warranting a change to her reenlistment eligibility code or SPD.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in 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 AFBCMR Docket Number BC-2006-00609 in Executive Session on 9 May 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 11 Feb 06, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 17 Mar 06.
	Exhibit D.	Letter, SAF/MRBR, dated 24 Mar 06.