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AF | BCMR | CY1999 | 9901058
Original file (9901058.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01058
            INDEX CODE:  112.00

            COUNSEL:  PENNY J. DIERYCK,

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to “1”.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged in  1991  due  to  self-elimination  from  technical
school.  After completing basic training, he was sent to Sheppard  AFB
for training in the KC-135 aircraft maintenance career field.   During
December 1990, he went home and upon his return to school, he  decided
he no longer chose to fulfill his obligation with the Air  Force.   He
became despondent and his attitude was poor.  He was offered a  change
in career fields but opted to receive an entry level  separation.   At
the time of his discharge, he was informed by the First  Sergeant  and
Squadron Commander that he would not have  trouble  getting  into  the
Armed Forces if he tried to reenlist.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 18 October 1990, applicant enlisted in the Regular Air Force for  a
period of four years in the grade of airman basic.

On 11 February 1991, applicant was notified by his commander  that  he
was recommending him for discharge for failure  to  make  satisfactory
progress in  a  required  training  program.   Applicant  acknowledged
receipt of  the  discharge  action  and  waive  his  right  to  submit
statements.

On 14 February  1991,  the  discharge  action  was  approved.   On  21
February 1991, applicant was discharged under the authority of AFR 39-
10,   Entry   Level   Performance,   character    of    service    was
“Uncharacterized”  and  issued  a  RE  code  of  “2C”   (Entry   Level
Separation).  He served 4 months and 4 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The Special Programs and BCMR Manager, reviewed this  application  and
states that the type of discharge drove assignment of the RE code  and
after their review of the case file, the RE code of “2C” is correct.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 May 199, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and  response  within  30  days.   No  response  was
received from the applicant; however, a statement was provided from Major
Penny L. Dieryck, applicant’s aunt.  A complete copy of this statement is
attached 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.    Insufficient relevant evidence has been presented to demonstrate
the existence  of  probable  error  or  injustice.   After  thoroughly
reviewing  the  evidence  of  record  and   noting   the   applicant’s
contentions, we are not persuaded the  reenlistment  eligibility  (RE)
code he was issued is either in error or unjust.  In this respect,  we
note the Secretary  of  the  Air  Force  has  statutory  authority  to
promulgate rules and regulations governing the administration  of  the
Air Force.  In the exercise of that authority, he has determined  that
members separated from the Air Force would be  furnished  an  RE  code
predicated upon the quality of  their  service  and  circumstances  of
their separation.  At the time an RE code is assigned, it reflects the
Air  Force  position  regarding  whether  or  not,   or   under   what
circumstances, the individual should be allowed  to  reenlist.   There
has been no showing the Secretary abused this discretionary  authority
or that the particular RE code assigned was contrary to the prevailing
directive.  Therefore, in the absence of evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 August 1999, under the provisions of  AFI  36-
2603:

                  Mr. Benedict A. Kausal IV, Panel Chair
                  Mr. Joseph A. Roj, Member
                  Mr. John E. Petitt, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 April 1999, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAES, dated 3 May 1999.
   Exhibit D.  Letter, SAF/MIBR, dated 17 May 1999.
   Exhibit E.  Letter, Applicant, dated 7 June 1999.





                                BENEDICT A. KAUSAL IV
                                Panel Chair


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