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AF | BCMR | CY1999 | 9803246
Original file (9803246.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03246
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be upgraded for entry  into  the  Air
Force Reserves.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not believe there is an error.  He states this is a request  for  an
upgrade only.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Staff.   Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military  Personnel  Management  Specialist,  AFPC/DPPRS,  reviewed  the
application and states  that  the  discharge  complies  with  directives  in
effect at the time of his discharge.  Therefore, they  recommend  denial  of
applicant’s request.

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

The  Special  Programs  and  BCMR   Manager,   AFPC/DPPAES,   reviewed   the
application and states that the RE  code  “2C”  is  correct.   The  type  of
discharge drove assignment of the RE code.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 April 1999, copies of the Air Force evaluations were forwarded  to  the
applicant for review and response within 30  days.   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 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  warranting  upgrading  of  his
reenlistment  eligibility  (RE)  code  based  on  clemency.   We   find   no
impropriety in the characterization of applicant’s discharge and  considered
alone,   we   conclude   the   discharge   proceedings   were   proper   and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.   However,  based  on  the  documentation  submitted  by  the
applicant, we are persuaded  that  applicant  has  overcome  the  behavioral
traits which led to his discharge  and  has  been  a  productive  member  of
society.  In view of his accomplishments  since  discharge,  we  believe  he
should be afforded the opportunity to apply for a waiver to  enlist  in  the
Air Force Reserves.  Whether or not he is  successful  will  depend  on  the
needs of the Reserves 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 records be corrected  to  the  extent  indicated
below.  The RE code of “3K” will allow the applicant to apply  for  entrance
in the Air Force Reserves with a waiver.

_________________________________________________________________

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  21
April 1980, he was issued a Reenlistment Eligibility (RE) code of “3K.”

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 29 June 1999, under the provisions of AFI 36-2603:

              Mr. Robert W. Zook, Panel Chair
              Mr. Philip Sheuerman, Member
              Ms. Olga M. Crerar, Member
              Ms. Phyllis L. Spence, Examiner (without vote)

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

   Exhibit A.  DD Form 149, dated 4 Feb 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 15 Mar 99.
   Exhibit D.  Letter, AFPC/DPPAES, dated 18 Mar 99.
   Exhibit E.  Letter, AFBCMR, dated 5 Apr 99.




                                   ROBERT W. ZOOK
                                   Panel Chair




AFBCMR 98-03246




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 at the time of
his discharge on 21 April 1980, he was issued a Reenlistment
Eligibility (RE) code of “3K.”






       JOE G. LINEBERGER

       Director

       Air Force Review Boards Agency

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