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AF | BCMR | CY1999 | 9900411
Original file (9900411.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00411
            INDEX NUMBER:  100.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) Code of 2X be changed so that he can
join the Air National Guard.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He had two alcohol-related incidents while  on  active  duty;  driving
while  drunk  on  26  October  1985,  and  drunk  and  disorderly   on
6 September 1986.  His four years  of  previous  service  in  the  Air
National Guard  were  trouble  free  and  other  than  the  two  cited
incidents his four years on active duty were  trouble  free.   The  RE
code he was given at the time of discharge was unjust considering  his
prior record.

In support of his request applicant provided his  personal  statement,
three letters of recommendation from his  civilian  employer  and  co-
workers, and documentation associated with his active duty service and
prior  service  in  the  Air  National  Guard,  and  two  Article   15
punishments for the alcohol-related incidents. (Exhibit A)

___________________________________________________________________

STATEMENT OF FACTS:

Prior to enlisting in the Regular Air Force, applicant served  in  the
Air National Guard from 24 October 1979 through 31 October 1983.  On 1
November 1983, he enlisted in the Regular Air Force, in the  grade  of
airman (E-2), for a period of four years.  The  record  contains  four
Airman  Performance  Reports  (APRs)  reflecting  overall  ratings  of
(oldest to latest):  8, 9, 8 and 8.

While on active duty the applicant  received  two  Article  15s.   The
first one was initiated on 1 November 1985 for operating  a  passenger
vehicle while drunk, with punishment consisting of forfeitures of $170
and 14  days  of  restriction  to  base.   The  second,  initiated  on
19 September 1986, was for being  drunk  and  disorderly.   Punishment
consisted of a suspended reduction from senior airman to airman  first
class, forfeitures of $190, and 14 days restriction to base.

His highest grade held was senior airman (E-4).  On 24 September 1986,
the commander did not recommend applicant for promotion to  the  grade
of staff sergeant during cycle 87B5, stating he  [applicant]  did  not
clearly show  potential  for  increased  responsibility  required  for
promotion based upon his  conduct/behavior.   On  9  March  1987,  the
commander also did not recommend him for promotion during cycle  88A5,
noting a trend of misconduct and substandard performance as  reflected
by two “8” APRs.

The  applicant  provided  a   copy   of   AF   Form   418,   Selective
Reenlistment/Noncommissioned  Officer  Status   Consideration,   dated
27 May 1987, reflecting that he was  not  selected  for  reenlistment.
The commander stated that the applicant did not meet the standards  of
today’s competitive Air Force.   Although  his  performance  had  been
acceptable, his off duty obligations had not been met.  Therefore,  he
non-recommended him for retention and NCO status.  (A copy of  the  AF
Form is attached to applicant’s statement at Exhibit E.)

On 31 October 1987, the applicant was honorably discharged  by  reason
of expiration of term of service, and was issued  an  RE  Code  of  2X
(first-term, second-term, or career airman considered but not selected
for reenlistment under the Selective Reenlistment Program).

___________________________________________________________________

AIR FORCE EVALUATION:

The Skills Management Branch, AFPC/DPPAE,  reviewed  this  application
and recommended denial.  DPPAE confirmed applicant’s RE Code of 2X  on
a 9 April 1988 “Project Capture” listing that reflects his  status  at
the time of separation from active duty.   Also,  in  support  of  the
commander’s  action,  review  of  the  applicant’s  personnel  records
revealed he received  two  Article  15s,  two  nonrecommendations  for
promotion and several adjustments to his Air Force Good Conduct  Medal
start date.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant stated that during his four years  on  active  duty  he  did
receive two Article 15s, and they were both alcohol related  and  were
off duty.  Since that time he has changed  his  life  around  for  the
better and continues to do so.  He has been sober for  10  years.   He
has been employed at his current place of employment  for  two  years,
and was at his last place of employment for nine years.

Applicant’s complete  response,  with  a  copy  of  the  AF  Form  418
documenting his nonselection for reenlistment, and  a  statement  from
the Chief of Administration at his last base, are at Exhibit E.

___________________________________________________________________

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.  After a thorough review  of
the available records, we found no evidence that the RE Code  assigned
at the time of applicant’s separation was in error or contrary to  the
governing regulation.  In this case, the applicant’s  RE  Code  of  2X
accurately reflects that  he  was  considered  but  not  selected  for
reenlistment under the Selective Reenlistment Program.   Nevertheless,
after  reviewing  the  letters  of  character   reference   from   the
applicant’s employer and co-workers, it appears that the applicant has
overcome the behavioral traits that led to his separation and has been
a productive member of society.  In view of this, and in  the  absence
of any other  derogatory  information,  we  believe  it  would  be  an
injustice for the applicant to continue to suffer the adverse  effects
of the assigned RE Code.  Therefore, in the interest  of  justice,  we
believe the applicant should be afforded a second chance and that  his
RE code should be changed to 4D.  This is a code that  can  be  waived
for prior service enlistment consideration, provided  applicant  meets
all other requirements for enlistment under an existing prior  service
program.  Accordingly, we recommend that the records be  corrected  as
indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 31 October 1987, he
was discharged with a Reenlistment Eligibility (RE) Code of 4D.

___________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 September 1999, under the provisions of AFI 36-
2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Mr. Steven A. Shaw, Member
      Mr. Vaughn E. Schlunz, Member

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

     Exhibit A.  DD Form 149, dated 7 Feb 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 6 Apr 99.
     Exhibit D.  Letter, SAF/MIBR, dated 19 Apr 99.
     Exhibit E.  Letter from Applicant, undated, w/atch.




                                   BARBARA A. WESTGATE
                                   Panel Chair


AFBCMR 99-00411




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:  [APPLICANT], SSN, be corrected to show that on 31
October 1987, he was discharged with a Reenlistment Eligibility (RE)
Code of 4D.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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