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AF | BCMR | CY1999 | 9803462
Original file (9803462.doc) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03462
            INDEX CODE:  100

            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he can  join
the Air National Guard (ANG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Article 15 he received before his discharge and not being able  to
reenlist was unjust and set up against him.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military  Service  Date  (TAFMSD)
was 2 Dec 93.

Applicant’s Enlisted Performance Report (EPR) profile follows:

            PERIOD ENDING          OVERALL EVALUATION

              1 Aug 95                     3
              1 Aug 96                     4
              1 Aug 97                     2 (Referral Report)

On 30 Jul 97, applicant was notified  of  his  commander’s  intent  to
impose  nonjudicial  punishment  upon  him  for  dereliction  in   the
performance of his duties in that he willfully failed to refrain  from
removing his  Personal  Information  Folder  (PIF)  from  his  Element
Chief’s desk.

On 8 Aug 97, after consulting with counsel, applicant waived his right
to a trial by  court-martial,  requested  a  personal  appearance  and
submitted a written presentation.

On 15 Aug 97, he was found guilty by his  commander  who  imposed  the
following punishment:  Reduction from the grade of  senior  airman  to
airman first class, which was suspended until 14 Feb 98,  after  which
time it would  be  remitted  without  further  action,  unless  sooner
vacated; forfeiture of $250 pay a month  for  two  months,  which  was
suspended until 14 Feb 98, after  which  time  it  would  be  remitted
without further action, unless sooner vacated;  and,  45  days’  extra
duty.

Applicant did appeal the punishment; however, there is  no  indication
on the Article 15 whether his appeal was  denied  or  whether  it  was
filed in his Unfavorable Information File (UIF).

On 1 Dec 97, the applicant was discharged under the provisions of  AFI
36-3208 (Completion of Required  Active  Service)  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).  He was credited with four years of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Skills  Management  Branch,  AFPC/DPPAE,  reviewed   this
application  and  indicated  that  SRP   consideration   is   normally
documented on an AF Form 418.  Unfortunately, the AF Form 418  denying
applicant reenlistment is  not  on  file  in  his  military  personnel
record.  However, DPPAE did confirm applicant’s  RE  code  “2X”  on  a
2 Oct 97 Records Review Listing.  Additionally, his last EPR was a “2”
which  supports  a   recommendation   of   denial   of   reenlistment.
Considering the above, DPPAE recommends denial of applicant’s  request
for correction of his 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  two-page
response, with attachments (see 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.   After  thoroughly
reviewing the evidence of record, we are persuaded that applicant’s RE
code should be changed.  In this respect, we note the  statement  from
the  Assistant,  Noncommissioned  Officer-in-Charge  (NCOIC),  Orderly
Room, who stated that he (the NCOIC) made a copy of the  complete  PIF
and that the applicant did not touch the PIF at  all.   Therefore,  in
order to remove any possibility of an injustice and  in  consideration
of applicant’s honorable discharge, we believe that 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  services.   Whether  or  not  he  is
successful  will  depend  on  the  needs  of  the  service   and   our
recommendation in no way guarantees he will be allowed  to  return  to
the Air Force or any branch of the service.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that his RE  code,  issued
in conjunction with his honorable discharge on 1 Dec 97, was RE 3K.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 December 1999, under the provisions of AFI  36-
2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. William H. Anderson, Member
              Mr. Philip Sheuerman, 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 22 Dec 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 18 Feb 99.
     Exhibit D.  Letter, AFBCMR, dated 8 Mar 99.
     Exhibit E.  Letter fr applicant, undated, w/atchs




                                   BARBARA A. WESTGATE
                                   Panel Chair



INDEX CODE:  100

AFBCMR 98-03462




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  his  reenlistment
eligibility (RE)  code,  issued  in  conjunction  with  his  honorable
discharge on 1 December 1997, was RE 3K.







                                                            JOE     G.
LINEBERGER
                                                         Director
                                                           Air   Force
Review Boards Agency

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