RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04745

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of 2I (Non-U.S. citizen serving initial enlistment) be changed to reflect she is a U.S. citizen.  


APPLICANT CONTENDS THAT:

Her RE code of 2I is in error and unjustifiable because she was in the process of obtaining her U.S. citizenship when she was discharged.  The RE code of 
2I prohibits her from reenlisting in the military.  

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Jul 01.

On 7 Nov 02, the applicant submitted an AF Form 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation, requesting 
early separation because of pregnancy. 

On 18 Nov 02, the applicant’s commander endorsed the applicant’s request for early separation.

On 5 Feb 03, the separation authority approved the applicant’s request for early separation.  

On 30 Apr 03, the applicant was furnished an honorable discharge, and was credited with 1 year, 9 months, and 20 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility 
(OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice.  In accordance with AFI 36-2606, Reenlistment in the United 
States Air Force, non-US citizens who fail to obtain US citizenship during their initial enlistment will separate with RE code 2I.  The applicant applied 
for separation under “Pregnancy or Childbirth” guidance, and was approved to be discharged 30 Apr 03, after serving 1 year, 9 months, and 20 days of 
service with an honorable character of service.  Her U. S. citizenship was not awarded until after her separation from the Air Force.  The applicant's DD 
Form 214 covers the period from 11 Jul 01 through 30 Apr 03; it does not include anything that occurred outside this time period. If the applicant desires 
to rejoin the military and she is otherwise eligible, recruiting services can process a waiver of the RE code 21, as she received her U.S citizenship on 
10 Jun 2005 (2 year and 2 months after she was discharged).  The applicant’s request for correction is not within three years of the alleged error or 
injustice, and she has not provided any proof of an error or injustice in reference to her RE code 2I.  

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 25 Feb 15, for review and comment within 30 days (Exhibit D).  As of this date, no 
response has been received by this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file within 
three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.
Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which 
require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely 
manner.




THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, 
to reject the application as untimely.


The following members of the Board considered AFBCMR Docket Number BC-2014-04745 in Executive Session on 12 Aug 15 under the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04745 was considered:

	Exhibit A.  DD Form 149, dated 17 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOA, dated 2 Feb 15.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 15.
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