RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-00035
            INDEX NUMBER:  100.03
            COUNSEL:  DVA

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) Code of 2X be changed.

By letter, dated 16 October 1998, applicant  amended  his  application
and requested immediate reinstatement on active duty (Exhibit E).

___________________________________________________________________

APPLICANT CONTENDS THAT:

For  approximately  six  months,  November  1995-May  1996,   he   was
overwhelmed with a continuous circle of challenges between his  family
and his job.  Within this period, he made two  mistakes  in  judgment,
which were completely out of his character, and unfairly paralleled to
his normal actions.

His supervisor and first sergeant recommended non-reenlistment to  the
unit commander.  However, the commander overrode  this  recommendation
and established a four-month observation period for  him  to  overcome
his personal problems and problems pointed out by his supervisor.  The
commander retired during the observation period.   However,  after  he
(applicant) completely corrected all  areas  of  concern,  passed  all
expectations on his job, and got his family back on track,  the  first
sergeant and his supervisor chose to ignore all of this and pressed on
with very unfair methods to justify to the new commander  reasons  for
denial of reenlistment.

In support of his request, applicant provided  his  expanded  comments
concerning a number of issues to include a referral EPR, his  training
records, letters of reprimand, and his  on-off  duty  responsibilities
and accomplishments.  He also provided a copy  of  an  undated  letter
from his marriage and family therapist to his commander,  a  statement
from the indorser on his EPRs closing 27 June 1994 and  15  May  1995,
and  letters  of  reference/character  reference   from   his   former
commander, his employer, and acquaintances.  His  complete  submission
is at Exhibit A.

___________________________________________________________________




STATEMENT OF FACTS:

On 7 June 1983, applicant contracted his  initial  enlistment  in  the
Regular Air Force for a period of four years.  He served on continuous
active duty and entered his last enlistment on 2 September 1992, which
established  his  date  of  separation  (DOS)  as  1 September   1996.
Enlistment documents in the record reflect that on 23 August 1996, the
commander approved a one-month  extension  of  the  2  September  1992
enlistment for the purpose of “processing an  SRP,”  thereby  changing
his DOS to 1 October  1996.   On  23  September  1996,  the  commander
approved a second one-month extension for the purpose  of  “processing
an (sic) Non-SRP appeal,” which changed applicant’s established DOS to
1 November 1996.

Applicant’s highest grade held was staff sergeant, with a date of rank
of 1 September 1992.

Applicant’s EPR/APR profile follows:

    PERIOD CLOSING     OVERALL EVALUATION

       6 Jun 84  8 (w/LOE)
      31 Oct 84  8
      15 Sep 85  8 (w/LOEs)
      15 Sep 86  8
       4 Sep 87  9
       5 Jul 88  9
       5 Jul 89  9
      31 Mar 90 (EPR)  3
      31 Mar 91  4
      31 Mar 92  4
       7 Nov 92  4
      27 Jun 93  4
      27 Jun 94  4
      25 Oct 94  4
      15 May 95  4
      15 May 96  2 (Referral)

On 1 November 1996,  applicant  was  honorably  discharged  under  the
provisions of  AFI  36-3208,  by  reason  of  completion  of  required
service, and was issued an RE Code of 2X  (RE-2X  denotes  first-term,
second-term,  or  career  airman  considered  but  not  selected   for
reenlistment under the Selective Reenlistment Program (SRP)).  At  the
time of his separation,  applicant  was  credited  with  13  years,  4
months, and 25 days of active Federal service.

___________________________________________________________________

AIR FORCE EVALUATION:

The Skills Management Branch, AFPC/DPPAE,  reviewed  this  application
and recommended denial of applicant’s request.  However, if the  Board
grants the relief sought, DPPAE recommended  applicant’s  RE  Code  be
changed to “3K” (reserved for HQ AFPC or the AFBCMR when no  other  RE
Code applies or is appropriate).

DPPAE stated that SRP consideration is normally documented  on  an  AF
Form  418.   Unfortunately,  the  AF  Form   418   denying   applicant
reenlistment  is  not  on  file  in  his  military  personnel  record.
However, they did confirm applicant’s RE Code “2X”  on  a  29  Oct  96
Records Review Listing.  Additionally,  applicant’s  last  EPR  was  a
referral  “2.”   This  supports  a   recommendation   of   denial   of
reenlistment.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s  response  to  the  advisory  opinion  is  essentially   a
reiteration of his contentions cited in his initial  appeal.   In  the
interest of what is just, the  applicant  requests  immediate  reentry
into the Air Force.

A  letter  of  character  reference  was  received  from   applicant’s
employer, as well as statement from a former faculty member at PMCS.

Applicant’s response, and the cited letters, are at Exhibit E.

___________________________________________________________________

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 a thorough review  of
the available records, we found no evidence that responsible officials
applied  inappropriate  standards   in   effecting   the   applicant’s
separation, that pertinent regulations were violated or that applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  Nor did we find evidence that the RE Code assigned at  the
time of applicant’s  separation  was  in  error  or  contrary  to  the
governing  regulation.   Therefore,  we  do  not   believe   favorable
consideration of the applicant’s stated requests would be  appropriate
on the basis of the evidence provided.  Nevertheless, in reviewing the
applicant’s overall record of satisfactory  to  excellent  performance
and the letters and statements submitted in his behalf from his former
commander, a former evaluator and former faculty members,  we  believe
some relief is appropriate in this case.  In view of the foregoing, we
believe it would be an injustice for  the  applicant  to  continue  to
suffer the adverse effects of the assigned RE Code and that he  should
be afforded a second chance to serve.  Therefore, in the  interest  of
justice, we recommend that his RE code be changed to 3K,  which  is  a
code that can be waived for prior  service  enlistment  consideration,
provided applicant meets all other requirements for  enlistment  under
an existing prior service program.  We believe this action affords the
applicant fitting and proper relief.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 1  November  1996,
he was discharged with a Reenlistment Eligibility Code of 3K.

___________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 28 January 1999, under the provisions of AFI  36-
2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Mr. Henry Romo Jr., Member
      Mr. Kenneth L. Reinertson, Member

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

     Exhibit A.  DD Form 149, dated 12 May 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 7 Jul 98.
     Exhibit D.  Letter, SAF/MIBR, dated 20 Jul 98.
     Exhibit E.  Letter, Applicant, dated 16 Oct 98, w/atchs;
                 Letter, dated 2 Oct 98; Statement





                                   BARBARA A. WESTGATE
                                   Panel Chair



AFBCMR 98-00035




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 on 1 November
1996, he was discharged with a Reenlistment Eligibility Code of 3K.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

                                             7 July 1998

MEMORANDUM FOR AFBCMR

FROM: HQ AFPC/DPPAE
       550 C Street West Ste 10
       Randolph AFB TX 78150-4712

SUBJECT Application for Correction of Record – XXX XX XXX,  XXX XX XXX

      The applicant requests his Reenlistment Eligibility (RE) code changed
to a favorable code so that he may reenter the Air Force. He filed a timely
request within three years of discovering alleged error.

      The applicant was discharged on 1 Nov 96 with an honorable
characterization of service after serving 13 years, seven months, and 21
days active and inactive service He received an RE code of "2X First-term,
second-term, or career airman considered but not selected for reenlistment
under the SRP:

      SRP consideration is normally documented on an AF Form 418.
Unfortunately, the AF Form 418 denying applicant reenlistment is not on
file in his military personnel record.
However, we did confirm applicant's RE code "2X" on a 29 Oct 96 Records
Review Listing.
Additionally, applicant's last EPR was a referral "2." This supports a
recommendation of denial of reenlistment

      Considering the above, we recommend denial of applicant's request for
correction of RE code However, if the decision is to grant the relief
sought, applicant's record should be corrected to reflect his RE code as
"3K Reserved for use by HQ AFPC or the Air Force Board for Correction of
Military Records (AFBCMR) when no other reenlistment eligibility code
applies or is appropriate."




                                        Chief, Skills Management Branch
                                        Dir of Personnel Program Management