RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02493
            INDEX CODE:  100

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a young recruit that did not understand  the  military  system.
Since he was not medically boarded and found not to have  a  permanent
disability, he feels that his reentry code should reflect a  different
code so that he can return to active duty or Reserve status.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  3 May  95  for  a
period of four years in the grade of airman basic.

The applicant  completed  basic  training  and  was  assigned  to  the
Security Forces training squadron at  Lackland  AFB,  Texas,  per  his
guaranteed  contract  signed  before  entry.   Part  way  through  his
technical training he sustained  bilateral  stress  fractures  of  his
lower legs as a result of overuse and was put in casual  status  after
his doctor recommended a one-month convalescent leave.

On 16 Aug 95, the applicant was disenrolled from  technical  training.
The grounds for disenrollment were not due to factors over  which  the
applicant had control.  The recommendations were that applicant not be
considered for reinstatement into the technical course at a later date
and that he not be considered for  further  technical  training.   The
justification for these recommendations were that he was evaluated  by
a physician at Wilford Hall Medical Center,  who  diagnosed  applicant
with stress fractures.  The physician recommended he be  reclassified;
however, applicant  stated  he  wanted  to  separate.   The  physician
recommended elimination from training and separation for  the  benefit
of the Air Force.

On 21 Aug 95, the applicant requested  to  be  separated  from  active
duty, effective 25 Aug 95, per his contract that allowed  this  option
if he were unable to complete training in his selected  field  through
no fault of his own making.

On 22 Aug 95, the applicant’s medical records  were  reviewed  and  no
significant illness  or  injuries  were  noted  since  his  enlistment
physical examination on 17 Mar 95 that would preclude separation  from
active military service.

On 24 Aug 95, the separation authority approved applicant’s  effective
date of separation.

On 30 Aug 95, the applicant was separated under the provisions of  AFI
36-3208  (Defective  Enlistment  Agreement)  with   an   entry   level
separation with service uncharacterized in the grade of  airman  basic
with an RE code of 4M (Air  Force  breach  of  enlistment/reenlistment
agreement) and a separation  program  designator  (SPD)  code  of  KDS
(Defective enlistment agreement).  He was credited with 3  months  and
28 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this  application  and  indicated
that while a recommendation for convalescent leave  was  made  at  the
time of the applicant’s discharge from the hospital  in  Jul  95,  the
decision to comply with this recommendation rests  entirely  with  his
squadron.  In this case, the unit apparently felt  it  was  unable  to
accommodate a potentially lengthy recovery period before the applicant
could have returned to training and offered, instead, the  possibility
of cross training to a less strenuous career field which the applicant
rejected.  The Medical Consultant  states  that  evidence  of  records
fails to disclose an error or injustice in the management of this case
and  the  applicant’s  entry  level  separation  was  accomplished  in
accordance with Air Force Instructions that support the law.

The 4M RE code (which indicates an Air Force breach of guaranteed  Air
Force specialty code (AFSC) contract) was applicable in this case,  as
all aspects of the applicant’s contract were fulfilled, to include his
right to opt for  separation  when  he  was  unable  to  complete  his
required  training.   However,  as  the  condition  that  led  to  his
separation was temporary and currently undoubtedly  resolved,  a  more
fitting RE code would be 3B (First-term, second-term or career  airman
who was ineligible to reenlist, the ineligibility condition no  longer
exists, and the airman requires Selective Reenlistment  Program  (SRP)
consideration or reconsideration) which would allow return to military
service, with a waiver, if he is otherwise qualified.  Whether or  not
the applicant could meet the rigors of security force  training  would
likely rest on provision of a statement as  to  his  current  physical
abilities as determined by competent medical authority.   The  Medical
Consultant is of the opinion that the applicant’s request  for  change
of his RE code should be approved, this code being 3B as  noted  above
or 3K (Reserved for use by Headquarters  Air  Force  Personnel  Center
(AFPC) or the Air Force  Board  for  Correction  of  Military  Records
(AFBCMR) when no other RE code applies or is appropriate).

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

The  Procurement  Programs  &  Procedures  Manager,  AFPC/DPPAE,  also
reviewed this application and indicated that  the  Medical  Consultant
determined that although RE code of 4M was appropriate at the time  of
applicant’s  discharge,  the  RE  code  should  be  corrected  to  3B.
However, the Air  Force  directive  in  effect  at  the  time  of  the
applicant’s discharge prohibits separating airmen with RE code 3B  and
also requires selective reenlistment consideration by  the  commander.
There is no AF Form 418 (Selective Reenlistment Program Consideration)
in the applicant’s record.  Furthermore, since the type of  separation
received drives RE codes, applicant’s code is  correct  as  reflected.
Generally, RE codes beginning with 4  can  be  waived  for  enlistment
purposes, provided the individual meets  all  other  requirements  for
enlistment.  Considering this, DPPAE recommends  the  RE  code  remain
unchanged.  However, if the decision is to grant  the  relief  sought,
applicant’s record should be corrected to reflect his RE code as 3K.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were  forwarded  to  applicant  on
14 Jun 99 for review and response.  As of this date, no  response  has
been received by this office.

_________________________________________________________________

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. The applicant  sustained
bilateral stress fractures of his lower  legs  part  way  through  his
technical training.  After a physician recommended he be reclassified,
applicant elected to separate from active duty per his contract  which
allowed this option if he were unable  to  complete  training  in  his
selected career field.  It appears his unit  felt  it  was  unable  to
accommodate a potentially lengthy recovery period before the applicant
could have returned to training and offered the possibility  of  cross
training to a less  strenuous  career  field  of  which  we  note  the
applicant rejected.  While 4M is a waiverable code, we note  the  BCMR
Consultant states that the reason for giving this code  was  temporary
and undoubtedly resolved and that a more fitting code would be in  the
3 series, which also requires a waiver.  Based on his desire to  serve
in the military, we believe he should be given  an  RE  code  of  “3K”
which will afford him the opportunity to apply for a waiver to  enlist
in the Armed Forces.  In addition, we believe that,  in  view  of  the
totality of the circumstances surrounding his separation, as a  matter
of equity, a correction of his records to change the narrative  reason
for separation to “Secretary Authority” and  his  separation  code  to
“KFF” would be appropriate.  The above  recommended  corrections  will
provide the applicant the opportunity to apply for a waiver to  enlist
in the Armed Forces.  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.  As an aside, we note the  applicant  requested  that  he
receive full back pay and a permanent change of station (PCS)  of  his
choice to Shaw AFB, South Carolina.  However,  we  find  no  basis  to
recommend granting this portion of his request.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 30 Aug 95, he  was
separated under the provisions of AFI 36-3208 (Secretarial  Authority)
and furnished an SPD code of KFF and an RE code of 3K.

_________________________________________________________________

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 2 Apr 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 20 Apr
                   99.
     Exhibit D.  Letter, AFPC/DPPAE, dated 21 May 99.
     Exhibit E.  Letter, AFBCMR, dated 14 Jun 99.




                                   WAYNE R. GRACIE
                                   Panel Chair


INDEX CODE:  100

AFBCMR 98-02493




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 30 August 1995, he was
separated under the provisions of AFI 36-3208 (Secretarial  Authority)
and furnished a separation program designator(SPD) code of KFF  and  a
reenlistment eligibility (RE) code of 3K.







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency