RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03710
		INDEX CODE:  110.02
		COUNSEL: NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to a code that would allow enlistment into the Navy.

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APPLICANT CONTENDS THAT:

He was honorably discharged from the Air Force and should have been given an RE Code that would allow him more options.  He does not necessarily believe the RE code to be in error, and he was given the code by someone who thought the code was appropriate.

In support of the request, applicant submits a copy of a Navy Reenlistment Code Chart, a copy of a Congressional Inquiry, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a copy of his DD Form 256, Honorable Discharge from the Armed Forces of the United States of America.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 26 Jan 95, for a term of four years and was progressively promoted to the grade of senior airman.  On 4 May 98, he was notified by his commander that he was recommending that he be discharged from the Air Force with an honorable discharge for Involuntary Convenience of the Government, Parenthood, Other Airmen.  The basis for the action was he failed to make adequate family care arrangements for his dependent son, as required by AFI 36-2908, Family Care Plans.

He was advised of his rights in this matter and waived his right to consult counsel, and elected not to submit statements on his own behalf.  The base legal office reviewed the case and found it legally sufficient.  The discharge authority approved the discharge for Involuntary Convenience of the Government, Parenthood, Other Airmen, with an honorable discharge, without probation and rehabilitation (P&R).  On 22 May 98, he was administratively discharged with an honorable discharge, under the provisions of AFI 36-3208, Administrative Separation of Airmen, (Involuntary Convenience of the Government, Parenthood, Other Airmen).  He received an RE code of 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service”.  He served 3 years, 3 months and 27 days total active service.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states, in part, that there is no error or injustice noted.  The applicant was involuntarily discharged based on a valid action of failure to make adequate childcare arrangement for a dependent.  Married military to military members are subject to the same short-notice and world-wide deployments.  An established and workable dependent care plan is incumbent on the active duty member(s).  Failure to provide for and maintain an adequate plan for care of minor dependents in the event of a short or long term deployment/contingency is not compatible with military service.  He was fully aware of these actions, and on 14 Mar 98, requested involuntary discharge due to inability to establish a viable dependent care plan.

The DPSOA evaluation, with attachments, 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 15 Feb 08, for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 an error or injustice to warrant changing the applicant’s RE code.  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 office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling 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 Docket Number BC-2007-03710 in Executive Session on 16 Apr 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 5 Nov 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPSOA, dated 28 Dec 07.
	Exhibit D.	Letter, SAF/MRBR, dated 15 Feb 08.