RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00977
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code  of  2X  be  changed  to  allow
eligibility to enlist in the Air National Guard or Air Force Reserves.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received an Article 15 for an 8 Feb 96  alcohol  related  accident.
He was subsequently denied reenlistment because his  commander  stated
he had a drinking problem, with no documented evidence of  that  fact.
He admittedly made a great lapse in judgment that night, but he  feels
that he was not given the benefit of the doubt and allowed to stay  in
the military as a Reservist or Guardsman.   He  did  not  contest  the
reenlistment denial because he did not realize it would keep him  from
joining the  Guard  or  Reserves.   After  15  years  of  active  duty
commitment, he would like to continue  giving  to  his  country  as  a
member of the Guard or Reserves.

In support of his request, applicant  submits  copies  of  letters  of
recommendation  for  Officer  Training  School  (OTS)  and  additional
documents associated with the issues cited in his contentions.   These
documents are appended at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 5 Jan 82.  He continued to  reenlist  in  the  Air  Force  and  was
progressively promoted to the grade of staff sergeant (E-5),  with  an
effective date and date of rank of 1 May 77.   His  last  reenlistment
was on 7 Jul 91 in the grade of E-5 for a period of 4 years.

On 23 Feb 96, applicant was notified  of  his  commander's  intent  to
impose nonjudicial punishment (Article 15)  for  operating  a  vehicle
while drunk, on or about 8 Feb 96, in violation of Article 111,  UCMJ.
The applicant consulted a lawyer, waived his right to demand trial  by
court-martial and accepted nonjudicial punishment.  After  considering
all matters presented to him, the commander found that  the  applicant
did commit one or more of the offenses alleged.  The commander imposed
punishment of reduction to the grade of senior airman (E-4), suspended
until 7 Sep 96 with a condition that he reimburse the City of  Wichita
Falls for damage to the city traffic light pole;  forfeiture  of  $450
pay for two months; and a reprimand.  Applicant  did  not  appeal  the
punishment.

On 17 Oct 96, the applicant was recommended for  reenlistment  by  his
supervisor; however, he was not selected for reenlistment by the  unit
commander  on  18  Oct  96.   The  applicant  did   not   appeal   the
nonselection.

Applicant's Enlisted Performance Report (EPR) profile for the  last  8
reporting periods follows (oldest  to  most  recent):   4  (ready  for
promotion), 5 (ready for immediate promotion), 5, 5, 5, 5, 5, 4.

On 6 Aug 97, the applicant was honorably released from active duty  in
the grade of E-5 under the provisions of AFI  36-3208  (completion  of
required active service).  He had completed a total  of  15  years,  7
months and 2 days of active service at the time of  his  release.   He
received an RE Code of 2X, which defined  means  "First-term,  second-
term or career airman considered but  not  selected  for  reenlistment
under the Selective Reenlistment Program (SRP)".

_________________________________________________________________

AIR FORCE EVALUATION:

The Skills Management Branch, HQ AFPC/DPPAE, reviewed this application
and  recommended  denial.   DPPAE  stated  that  in  support  of   the
commander’s action, a review of the  applicant’s  record  revealed  an
Article 15.  If the decision is to grant the relief sought, an RE code
of 3K could be assigned.  RE 3K is defined as “Reserved for use by  HQ
AFPC or the AFBCMR when no other reenlistment eligibility code applies
or is appropriate.”  A complete copy of this evaluation is appended at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and indicated that he  has
no other evidence to support his request.  He does not  deny  his  DUI
incident that resulted in an Article 15.  He paid for that thoughtless
act in more ways than one.  He had an OTS package at Randolph AFB that
was removed for consideration within hours of his incident.   He  then
received an  Article  15  and  satisfactorily  completed  a  mandatory
alcohol rehabilitation course.   He  then  learned,  nearly  7  months
later, that he was not allowed to reenlist.  He  did  not  appeal  the
commander’s decision to deny his reenlistment because he wanted to get
that incident behind him.  He moved forward, finished  his  enlistment
and secured an engineering position  with  his  current  employer.   A
complete copy of this response is appended at 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.  While the RE code  assigned
to the  applicant,  at  the  time,  was  technically  correct  and  in
accordance with regulation, we believe it would be  an  injustice  for
applicant to continue to suffer its effects in the way  of  enlistment
opportunities in the armed forces.  In our opinion, the incident  that
led to his nonselection for reenlistment was an isolated incident  and
should not outweigh  his  otherwise  commendable  service  during  his
military career.  We note that the applicant wishes to enlist  in  the
Air Force Reserve or Air National Guard and we believe that he  should
be given the opportunity  to  apply  for  enlistment.   Therefore,  we
recommend that the RE code 2X be changed to 3K, a code  which  can  be
waived for prior service enlistment  consideration.   RE  code  3K  is
reserved for use by the Air Force Board  for  Correction  of  Military
Records (AFBCMR).   We  believe  this  action  affords  the  applicant
fitting and proper relief based on  the  evidence  presented  and  the
facts of the case.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be  corrected  to  show  that  his  reenlistment
eligibility (RE)  code,  issued  in  conjunction  with  his  honorable
discharge on 6 August 1997, was “3K.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 September 1999, under the provisions of AFI 36-
2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Dr. Gerald B. Kauvar, Member
              Mr. Joseph A. Roj, Member

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

   Exhibit A.  DD Form 149, dated 11 Apr 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 25 May 99.
   Exhibit D.  Letter, SAF/MIBR, dated 14 Jun 99.
   Exhibit E.  Letter from applicant, dated 12 Jul 99.




                                   TERRY A. YONKERS
                                   Panel Chair



AFBCMR 99-00977




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 his reenlistment
eligibility (RE) code, issued in conjunction with his honorable
discharge on 6 August 1997, was “3K.”





            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency