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AF | BCMR | CY1999 | 9900030
Original file (9900030.doc) Auto-classification: Approved

                       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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