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AF | BCMR | CY1999 | 9801468
Original file (9801468.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01468
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE)  code  be  changed  to  allow  him  to  be
eligible for enlistment into the Navy.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told by authorities at       AFB that after being separated from  the
service for 6 months he could reenlist with a waiver.  He finds now that  he
has a permanent disqualifying reentry code.  He desires to enlist  into  the
Navy.  He states if given  a  second  opportunity  he  knows  that  he  will
succeed.

In support of his appeal, the applicant provided a personal statement.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 18 February 1998, applicant enlisted in the Regular  Air  Force,  in  the
grade of airman basic.

On 31 March 1998, applicant was notified by  his  commander  that  discharge
action had  been  initiated  against  him  for  unsatisfactory  entry  level
performance or  conduct.   The  commander  advised  applicant  that  if  his
recommendation was approved, that his discharge would be described as  entry
level separation and that he would be ineligible  for  reenlistment  in  the
Air Force.  The commander further advised him that action  was  being  taken
because of his failure to adapt to  the  military  environment,  failure  to
make satisfactory progress in a required  training  program,  reluctance  to
make the effort necessary to meet Air Force standards of  conduct  and  duty
performance, lack of self-discipline and minor  disciplinary  infraction  as
indicated by a Letter of Reprimand (LOR) dated 28 March 1998.

Applicant was advised he had a right to consult counsel  and  the  right  to
submit statements in his own behalf.  He waived his  right  to  counsel  and
did not submit statements in his own behalf.

On  2  April  1998,  the  discharge  authority  approved  the  Entry   Level
Separation.

On 3 April 1998, applicant was discharged  in  the  grade  of  airman  basic
under the provisions of AFI 36-3208 (Entry Level Performance  and  Conduct),
and received an uncharacterized discharge.  He served 1 month  and  16  days
total active duty.

Applicant received an RE code of “2C”.

Airmen   are   given   entry   level   separation/uncharacterized    service
characterization when separation action is initiated  against  them  in  the
first 180 days of continuous active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Directorate of Personnel Program  Management,  HQ  AFPC/DPPRS,  reviewed
this application and states that this case has been reviewed for  separation
processing and there are no errors or irregularities  causing  an  injustice
to the applicant.  The discharge complies with directives in effect  at  the
time of his discharge.  The records indicate member’s military  service  was
reviewed and appropriate action was taken.  Applicant did not  identify  any
specific errors in the discharge processing nor provide facts  that  warrant
a change in the reason for discharge  that  he  received.   Therefore,  they
recommend denial of applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that it  was  explained  to
him by Air Force personnel that if the Air Force was not right for  him,  he
should try another branch of service.  He then  made  his  intentions  clear
orally to his supervisors.  His first intention was to enlist in  the  Navy.
He has worked with Naval recruiters who explained to him that  he  was  well
qualified.  He has also tested with Army recruiters who referred him to  the
Air Force.  He was given the impression that Air Force standards  were  much
higher than other branches of service, and  if  he  was  released  he  could
reenter  with  a  waiver.   This  was  also  explained  to  him   upon   his
recommendation for discharge.  He states  he  was  told  that  he  would  be
ineligible for Air Force reenlistment but, it was  never  explained  to  him
what the provisions were.   If  he  would  have  known  and  understood  his
eligibility for reentry he would have consulted with a counselor.  He  would
have also opted to voluntarily leave the Air Force.  He states  that  during
his separation process there was miscommunication,  misleading  information,
a lack of complete explanation of terms as well as provisions,  and  overall
misunderstandings of his intentions.  He  admits  his  faults  during  basic
training, but desires a chance to join another  branch  of  service.   Since
his separation he has spoken with recruiters  from  all  other  branches  of
service, and they feel that he should be allowed reentry.

Applicant’s complete response, with attachments, is attached 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  warranting  a  change  in  the
applicant’s RE code.  In accordance  with  appropriate  regulations  the  RE
code was appropriate  to  the  existing  circumstances.   However,  we  note
applicant’s  post-service  activities  and  accomplishments.    It   appears
applicant is enrolled in college and has  provided  a  statement  indicating
that he is an above average student and has potential for  the  future.   In
view of his post-service accomplishments, we believe he should  be  afforded
the opportunity to apply for a waiver  to  enlist  in  the  armed  services.
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 the Air Force or any branch of the service.  Therefore, we recommend  his
RE code be changed to “3K” (Secretarial Authority).

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that at the time of his  discharge  on  3
April 1998, he was issued a Reenlistment Eligibility (RE) code of “3K.”

_________________________________________________________________


The following members of the Board considered this application in  Executive
Session on 27 May 1999, under the provisions of AFI 36-2603:

            Mr. Douglas J. Heady, Panel Chair
            Dr. Gerald B. Kauvar, Member
            Ms. Peggy E. Gordon, Member

By a majority vote, the Board voted to correct the records, as  recommended.
 Mr. Heady voted to deny the application and does not  desire  to  submit  a
minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 May 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 11 June 1998.
   Exhibit D.  Letter, SAF/MIBR, dated 6 July 1998.
   Exhibit E.  Letter, Applicant, dated 9 July 1998, w/atchs.




                 DOUGLAS J. HEADY
                 Panel Chair


AFBCMR 98-01468





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, SSN, be corrected to show that at the time of his
discharge on 3 April 1998, he was issued a Reenlistment Eligibility (RE)
code of “3K.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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