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AF | BCMR | CY1999 | 9801528
Original file (9801528.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01528
                 INDEX CODE:  100

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2C” on  the  DD  Form  214,
“Certificate of Release or Discharge From Active Duty,” be changed  to
“1J” to allow enlistment into the Hawaii Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It has been 15 years since he separated.  Upon separation, he returned
to college and received  a  degree  in  Management  and  International
Business.  Applicant states that he has always been gainfully employed
at institutions such as banks and schools.  He  spent  the  last  five
years living and supporting his family in Japan as an English teacher.


Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 July 1979 for  a
period of four years in the grade of airman basic.

On 9 March 1983, the applicant was considered for reenlistment but not
recommended  by  his  supervisor.   He   was   also   considered   for
noncommissioned officer (NCO) status but  not  recommended.   AF  Form
418,    Selective    Reenlistment/Noncommissioned    Officer    Status
Consideration, dated 9 March 1983 reflects that the  applicant  failed
to meet  responsibilities  fundamental  to  NCO  status  and  had  not
demonstrated  intent  or  motivation  to  correct  his   deficiencies.
Specifically, he failed in the  areas  of  bearing  and  behavior  and
adapting to basic military standards.  He did not warrant NCO  status.


On 15 March 1983, applicant acknowledged receipt of  the  notification
of the denial of his appointment to NCO status.   Applicant  indicated
he  did  not  intend  to  appeal  this  decision.   The   reenlistment
eligibility status code reflected on the AF Form 418 was  “2X,”  which
reflects:  “First-term airmen considered but not selected  under  SRP,
or has been denied appointment to NCO status, or has  had  NCO  status
vacated.”  RE 2X is the proper code.  However, the  DD  Form  214  the
applicant received at the time of discharge reflects “RE-2C.   The  RE
code 2C denotes that an individual was “Separated under AFM 39-12 with
an honorable discharge.”  The RE-2C reflected on  the  applicant’s  DD
Form 214 is incorrect and should have read “2X.”

The applicant was honorably discharged on 9 September 1983  under  the
provisions of AFR 39-10 (Expiration of Term of Service) in  the  grade
of senior airman.  He served 4 years and 2 months of active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Skills Management Branch, HQ AFPC/DPPAE, states that  as  a
result of applicant’s denial of NCO status, he was also  not  eligible
for reenlistment or to receive an RE code other than  2X.   AFPC/DPPAE
recommend denial of applicant’s request for correction of the RE code.


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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
20 July 1998.  Applicant  responded  and  states,  in  part,  that  in
hindsight, he regrets the  actions  and  circumstances  that  occurred
during  his  enlisted  period.   However,  he  would   appreciate   an
opportunity to prove his sincerity by contributing to the  Hawaii  Air
National Guard.

A copy of the applicant’s response is attached at Exhibit C.

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.  We have thoroughly reviewed
the evidence of record and the applicant’s documentation in support of
his request for a change of his reenlistment  eligibility  (RE)  code.
We note that prior to the applicant’s discharge from  the  Air  Force,
the AF Form 418 reflects that he was considered for appointment to NCO
status and reenlistment.  However,  NCO  status  appointment  was  not
recommended and as a result, he was  not  eligible  for  reenlistment.
The AF Form 418 reflects an RE code of “2X, which reflects “first-term
airmen considered but not selected under  the  Selective  Reenlistment
Program (SRP), or who has been denied appointment  to  noncommissioned
officer (NCO) status, or has NCO status vacated.”  The RE code 2X  was
the appropriate code and we find no error in the assignment of the  RE
code.   However,  we  also  note  that  the  applicant  is  requesting
enlistment in the Hawaii Air National Guard  (HIANG)  and  it  appears
that the HIANG has a  vacant  position  for  which  the  applicant  is
qualified  to  fill.   Applicant’s  request  for  an  RE-1  code   was
considered.  However, at the time of separation, members are furnished
an  RE  code  predicated  upon  the  quality  of  their  service   and
circumstances of  their  separation.   At  the  time  an  RE  code  is
assigned, it reflects the Air Force position regarding whether or  not
or under what  circumstances  the  individual  should  be  allowed  to
reenlist.  In view of the quality of applicant’s overall  service,  we
do not believe that a change in his RE code to an RE-1 is appropriate.
 However, it appears that the HIANG is willing to request a waiver and
accept the applicant for enlistment and we recommend  his  records  be
corrected to reflect a waiverable code.  The recommended  change  will
not guarantee enlistment; however, it would provide him an opportunity
to apply and his acceptance will be dependent upon the  needs  of  the
service.  Therefore, we recommend his  records  be  corrected  to  the
extent indicated below.

_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected  to  show  that  the  Reenlistment
Eligibility (RE)  code,  issued  in  conjunction  with  his  Honorable
Discharge on 8 September 1983, was “RE-4D.”

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 16 March 1999, under the provisions  of  AFI  36-
2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Lawrence Leehy, Member
              Ms. Melinda J. Loftin, Member

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

   Exhibit A.  DD Form 149, dated 5 Jun 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 7 Jul 98.
   Exhibit D.  Letter, AFBCMR, dated 20 Jul 98.
   Exhibit E.  Applicant’s Letter, dated 28 Jul 98.




                                   BARBARA A. WESTGATE
                                   Panel Chair


AFBCMR 98-01528




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 ---- -.------, -----------,  be  corrected  to  show
that the Reenlistment Eligibility (RE)  code,  issued  in  conjunction
with his Honorable Discharge on 8 September 1983, was “RE-4D.”








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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