RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00030
INDEX CODE: 112.00
COUNSEL: BEN KEELEY
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of “2B” be upgraded to allow
him the opportunity to reenlist in the US Army.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His record is not in error, he is asking that his reenlistment
eligibility code be changed to a code that allow the US Army to
process a waiver to allow him to reenlistment into the active US Army.
He is currently an active member of a National Guard Unit in Northern
Idaho. He is doing very well in this unit and feels that he wants to
progress into the active service for something better.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the Brief prepared by
an Examiner for the Air Force Discharge Review Board (AFDRB) and the
letter prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this Record of
Proceedings. A complete copy of the AFDRB brief is attached at
Exhibit C and the letter from the Air Force is attached at Exhibit D.
_________________________________________________________________
AIR FORCE EVALUATION:
The Special Programs and BCMR Manager, AFPC/DPPAES, reviewed the
application and states that the RE code “2B” is correct. The type of
discharge drove assignment of the RE code.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 February 1999, a copy of the Air Force evaluation was forwarded
to applicant for review and response within 30 days. As of this date,
no response has been receive 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 this respect, we note that applicant is currently an
active member of the National Guard Unit in Northern Idaho and his
performance appears to be outstanding. In view of his accomplishments
since discharge and to provide him the opportunity to continue serving
the ANG, we recommend his records be corrected to the extent indicated
below. The RE code of “3K” will allow the applicant to apply for
reenlistment in the Army ANG with a waiver.
4. The applicant’s case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES 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 26 April 1993, 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)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Dec 98.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFDRB Brief, dated 30 Apr 96.
Exhibit D. Letter, AFPC/DPPAES, dated 22 Jan 99.
Exhibit E. Letter, AFBCMR, dated 9 Feb 99.
ROBERT W. ZOOK
Panel Chair
AFBCMR 99-00030
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 toxxxxxxxxxxx, be corrected to show that at the time of
his discharge on 26 April 1993, he was issued a Reenlistment
Eligibility (RE) code of “3K.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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