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AF | BCMR | CY1999 | 9802405
Original file (9802405.doc) Auto-classification: Approved





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02405
            INDEX CODE:  100.03

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed so that she can join
the Air Force Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She  was  under  serious  hardship,  stress,  and  was  done  a  grave
injustice.  She desires the opportunity to set the record straight and
pursue her military career in the Air Force.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military  Service  Date  (TAFMSD)
was 2 Apr 85.

Applicant’s Airman Performance Report (APR) profile follows:

            PERIOD ENDING          OVERALL EVALUATION

              1 Apr 86                     9
             17 Jan 87                     9
              3 Nov 87                     9
              5 Jul 88                     7 (Referral Report)

On  27  and  28 Jul  88,  applicant  signed  AF  Form  418  (Selective
Reenlistment/Noncommissioned  Officer  Status  Consideration),   dated
25 Jul  88,  indicating  acknowledgment  of   her   nonselection   for
reenlistment and that she did not intend to appeal the nonselection.

In an undated statement, applicant requested  that  she  be  separated
from the Air Force on 10 Jan 89 according  to  AFR  39-10,  Chapter 3,
Section 15.  The reason for her request was that she had  four  months
left on her  enlistment  and  she  did  not  have  any  intentions  of
reenlisting.

On 4 Jan 89, the  Chief,  Military  Personnel,  reviewed  the  factors
associated with applicant’s request for discharge in  accordance  with
AFR  39-10,  Chapter 3,  Section  15,  and  found  her   justification
sufficient and in the best interest of the Air Force.

On 10 Jan 89, the applicant was discharged under the provisions of AFR
39-10   (Voluntary-Miscellaneous   Reasons)    with    an    honorable
characterization of service in the grade of senior airman with  an  RE
code of 2X (First-term, second-term, or career airman  considered  but
not selected for reenlistment under the Selective Reenlistment Program
(SRP)).  She was credited with 3 years, 9 months, and 9 days of active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Skills  Management  Branch,  AFPC/DPPAE,  reviewed   this
application and  indicated  that  a  review  of  applicant’s  military
personnel   records   revealed   an    AF    Form    418    (Selective
Reenlistment/Noncommissioned  Officer  Status  Consideration),   dated
25 Jul 88, denying her reenlistment.  On 27 Jul 88,  applicant  signed
the form and again on 28 Jul  88,  indicating  her  acknowledgment  of
nonselection and intent not to appeal the  nonselection.   Considering
the foregoing, DPPAE recommends  denial  of  applicant’s  request  for
correction of her RE code.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and provided a copy of her
honorable release certificate from the Army along with a  letter  from
her lieutenant.  She also enclosed a  business  card  from  her  first
sergeant.

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 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.   After  thoroughly
reviewing the evidence of record, we are persuaded that applicant’s RE
code should be changed.  We note that applicant acknowledged that  she
would not appeal the denial of reenlistment, and while we certainly do
not condone her conduct for fighting and a driving under the influence
(DUI) charge, which was the basis for the denial of her  reenlistment,
it appears that she now wishes to serve in the Air Force Reserve.   We
also note that she served in the Army Air National Guard (ANG) and was
honorably discharged in Jan 97.  The Army ANG Platoon Leader  provided
a statement  recommending  applicant  for  enlistment  in  the  active
Reserve, ANG, or Air Force Reserve.  In view of the above,  and  after
noting applicant’s overall service record and in consideration of  her
honorable discharge, we believe that she should be given an RE code of
“4D” which will afford her the opportunity to apply for  a  waiver  to
enlist in the Air Force Reserve.  Whether or  not  she  is  successful
will depend on the needs of the service and our recommendation  in  no
way guarantees that she will be allowed to enlist.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that her RE  code,  issued
in conjunction with her honorable discharge on 10 Jan 89, was RE 4D.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 August 1999, under the provisions of  AFI  36-
2603:

                  Mr. Wayne R. Gracie, Panel Chair
                  Mr. Lawrence R. Leehy, Member
              Ms. Leta L. O’Connor, Member
              Mrs. Joyce Earley, Examiner (without vote)





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

     Exhibit A.  DD Form 149, dated 1 Mar 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 7 Dec 98.
     Exhibit D.  Letter, AFBCMR, dated 21 Dec 98.
     Exhibit E.  Letter fr applicant, dated 14 Jan 99, w/atchs.




                                   WAYNE R. GRACIE
                                   Panel Chair



INDEX CODE:  100.03

AFBCMR 98-02405




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  her  reenlistment
eligibility (RE)  code,  issued  in  conjunction  with  her  honorable
discharge on 10 January 1989, was RE 4D.







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency

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