RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-00224
            INDEX CODE: 110.02

            COUNSEL:  None

            HEARING DESIRED: No


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APPLICANT REQUESTS THAT:

Her reenlistment  eligibility  (RE)  code  of  “ineligible”  be  changed  to
“eligible.”

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in 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.

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AIR FORCE EVALUATION:

The Chief, Utilization, HQ ANG/MPPU, reviewed  the  application  and  states
that the applicant had repeated disciplinary problems and did  not  maintain
weight within prescribed  standards.   The  applicant  was  indeed  rendered
ineligible for reenlistment on solid grounds.  They recommend denial of  the
requested relief.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states  that  there  was
an approved enlistment waiver.  This approval was drawn  verbally,  and  she
has not received  any  written  communications  to  explain  the  reason  or
reasons for the withdrawal.

Applicant's complete response, with attachments, is attached at Exhibit D.

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ADDITIONAL AIR FORCE EVALUATION:

The Chief, Utilization, HQ ANG/MPPU, reviewed  the  application  and  states
that the waiver the board is questioning is from  another  unit  within  the
California Air National Guard (CA ANG).   Apparently,  after  the  applicant
was separated from the 163rd on 7 December 1994, it appears that  she  tried
to join the 148th Combat Communications Squadron.  Due to  the  reenlistment
eligibility of “ineligible”, which is listed on the NGB Form  22,  a  waiver
would have been required for reaffiliation in the ANG,  which  was  approved
by their Headquarters on 18  April  1995.   It  is  not  clear  whether  the
applicant joined the 148th, but based on information from  the  Headquarters
Air Force (HAF) file, she is not a current member.  The separation from  the
163rd was accomplished properly.  The ineligibility code is not a  permanent
bar from affiliating with another organization.  It  requires  an  exception
to policy, which was granted for the applicant, who apparently  decided  not
to join.  They recommend relief be denied.

A complete copy of the Air Force evaluation is attached at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  states  that  she  is
providing the necessary information for the approval of her request.

In support of her  appeal,  the  applicant  submits  a  statement  from  the
148CBCS/CC, CA ANG, stating that he was aware  at  the  time  the  applicant
transferred from the 163rd to the 148th that she had some problems with  the
163rd.  Based upon conversations with people she  had  worked  with  and  an
extensive interview with her, he felt that transferring to the  148th  would
put her in a
different environment and she would  more  than  likely  become  a  valuable
member of the ANG.  He recommends that her reenlistment code be  changed  to
allow her to reenlist in the military.

Applicant's complete response, with attachments, is attached at Exhibit G.

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THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of probable error or  injustice.   After  reviewing  the  evidence
submitted with this appeal, we believe that  the  applicant  has  failed  to
provide sufficient documentation showing that the  reenlistment  eligibility
code she received is  in  error.   It  appears  that  responsible  officials
applied appropriate standards in effecting the separation,  and  we  do  not
find persuasive evidence that pertinent regulations were  violated  or  that
the applicant was not afforded all the rights to which entitled at the  time
of discharge.  The Board notes that the  ineligibility  code  the  applicant
received, is not a permanent bar from  affiliating  with  the  Air  National
Guard (ANG), however, it does  require  an  exception  to  policy.   If  the
applicant desires to do so, she may still apply for a waiver to reenlist  in
the ANG.  Therefore, in the absence of evidence to the contrary, we find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

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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.

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The following members of the Board considered this application in  Executive
Session on 22 September 1998 and 3 February 1999, under  the  provisions  of
AFI 36-2603:

                  Mr. David W. Mulgrew, Panel Chair
                  Mr. Gary Appleton, Member
              Mrs. Margaret A. Zook, Member

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

   Exhibit A.  DD Form 149, dated 23 January 1997, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ANG/MPPU, dated 13 January 1998.
   Exhibit D.  Applicant's Response, undated, w/atchs.
   Exhibit E.  Letter, HQ ANG/MPPU, dated 19 November 1998.
   Exhibit F.  Letters, AFBCMR, dated 16 February 1998 and
               30 September 1998.
   Exhibit G.  Applicant’s Response, undated, w/atchs.





                                   DAVID W. MULGREW
                                   Panel Chair