RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02260

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code 2C be changed to one that will permit him the option of reenlisting.

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APPLICANT CONTENDS THAT:

He received misleading information at separation signing.  He was unfairly given an RE 2C due to downsizing of military force at the time of his discharge.  He wishes to enlist in the Navy. 

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

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STATEMENT OF FACTS:

The applicant was discharged with an uncharacterized discharge on 17 April 1995 because of a fraudulent entry into military service.  The basis for the discharge was that the applicant intentionally concealed a prior service medical condition.  At the time of his separation, in the grade of airman basic, he had served 25 days of active duty which was not credited due his fraudulent entry into military service.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.  

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AIR FORCE EVALUATION:

AFPC/DPPRS stated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in discharge processing.  He has requested a change in his reenlistment code only.

A complete copy of the evaluation is attached at Exhibit C.
AFPC/DPPAE stated that the reenlistment eligibility (RE) code of 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 12 Oct 01, for review and response 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 timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After reviewing the circumstances surrounding the applicant’s separation from the Air Force, we believe that the RE code in question is unjust.  In this regard, we note that the applicant was separated because he apparently concealed the severity of prior service medical conditions.   While this may be correct, we note that the applicant’s report of medical examination lists his prior foot condition which we believe should have prompted further medical review by the examining MEPS physician.  The applicant’s non-cardiac chest pain may not have manifested itself during the MEPS exam, however, the severity of his foot condition might have been revealed and he would not have been qualified for enlistment.  However, we note his apparent desire to serve in the Armed Forces and we do not believe he should be denied the opportunity to apply for reenlistment if he so chooses.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of the service. Indeed, any branch of the armed forces will have access to his records to determine his physical condition.  Therefore, we recommend that his record be corrected to show he was issued an RE code of “3K” (Reserve for use by HQ AFPC and the AFBCMR) at the time of separation.  

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, in conjunction with his entry level separation on 17 April 1995, he was issued a reenlistment eligibility (RE) code of “3K,” rather than “2C.”

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The following members of the Board considered this application in Executive Session on 19 December 2001, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 20 Jul 01, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 10 Sep 01.
	Exhibit D.	Letter, AFPC/DPPAE, dated 3 Oct 01
	Exhibit D.	Letter, SAF/MIBR, dated 12 Oct 01.

	

AFBCMR 01-02260

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: 
	
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, in conjunction with his entry level separation on 17 April 1995, he was issued a reenlistment eligibility (RE) code of “3K,” rather than “2C.”