RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02965
            INDEX CODE:  110.00, 100.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code  of  2C  be  changed  to  allow
eligibility to reenter the Air Force.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His failure to make  satisfactory  progress  in  a  required  training
program was his fault and he regrets it.

He was told that he could reapply for  reenlistment  after  180  days.
However, when he attempted to return to  active  duty,  his  recruiter
told him that his RE code rendered  him  ineligible  to  enlist.   The
recruiter further informed him that because of his high  test  scores,
he would qualify for several critical vacancies in the Air Force.

In support of his request, applicant submits a personal statement  and
additional  documents  associated  with  the  issues  cited   in   his
contentions.  These documents are appended at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on  9 Dec
98 for a period of 6 years.

On 1 Jul 99, applicant was notified by his commander and advised  that
involuntary discharge action had  been  recommended  against  him  for
unsatisfactory performance.  Specifically, the commander indicated the
action was recommended because of his  failure  to  make  satisfactory
progress in a required training program.   The  applicant  elected  to
waive his right to counsel and did not submit a statement in  his  own
behalf.  The  discharge  authority  reviewed  the  recommendation  for
discharge and approved the  commander’s  request.   He  was  honorably
discharged  on  22  Jul  99  under  the  provisions  of  AFI   36-3208
(Unsatisfactory performance).  He had completed 7 months and  14  days
and was serving in the grade of airman basic  (E-1)  at  the  time  of
discharge.  He  received  an  RE  Code  of  2C,  which  defined  means
"Involuntarily separated with an honorable discharge; or  entry  level
separation without characterization of service".
_________________________________________________________________

AIR FORCE EVALUATIONS:

The Separations Branch, HQ AFPC/DPPRS, stated that the  applicant  did
not submit any new evidence or identify any errors or injustices  that
occurred in the discharge  processing.   Additionally,  the  applicant
provided no facts warranting a change  in  his  narrative  reason  for
separation or a change in his  separation  code.   Accordingly,  DPPRS
recommended the applicant’s records remain the same and his request be
denied.  A complete copy of this evaluation is appended at Exhibit C.


The Special Programs and AFBCMR Manager, HQ AFPC/DPPAES,  stated  that
the RE Code of 2C is correct (Exhibit D).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant reviewed the advisory opinions and indicated that he was
never informed during any of the counseling, including his commander’s
counseling checklist, that a Bar  to  Reenlistment  was  part  of  his
discharge.  He requests additional information be provided  concerning
his discharge.  A complete  copy  of  this  response  is  appended  at
Exhibit F.
_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATIONS:

The  Separations  Branch,  HQ  AFPC/DPPRS,  provided  copies  of   the
requested discharge documentation at Exhibit G.


The Special Programs and AFBCMR Manager, HQ AFPC/DPPAES,  stated  that
the applicant’s RE code was determined by the type of  discharge.   On
22  Jul  99,  the   applicant   was   involuntarily   discharged   for
unsatisfactory performance and received an  honorable  discharge.   RE
code 2C appropriately reflects this type of discharge and is the  code
applied to others of the same circumstance.   DPPAES  stated  that  RE
code 2C does not “bar” enlistment;  however,  it  does  disqualify  an
individual for immediate entry into active duty without  a  waiver  of
the RE code.  Applicants apply for enlistment  waivers  through  their
local recruiter  and  are  considered  by  HQ  Air  Force  Recruiting.
Waivers to RE codes are considered and  approved  to  meet  Air  Force
recruiting requirements/goals.  If the decision is to grant the relief
sought, DPPAES indicated that the Board should direct an RE code of 3K
(Reserved for use by HQ AFPC or the AFBCMR when no other  reenlistment
eligibility code applies or is appropriate).  A complete copy of  this
response is appended at Exhibit H.
_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATIONS:

The applicant reviewed the advisory opinions  and  indicated  that  an
airman should be told during discharge counseling what RE code will be
given and what it means.  A complete copy of this response is appended
at Exhibit J.
_________________________________________________________________

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 injustice.  We note that for the period of  time
applicant served in an active status, the  reason  for  the  discharge
action was due to his below average test  scores  while  in  technical
training.  In addition, we note that during his short term in the  Air
Force,  the  applicant  was  not  involved  in   any   misconduct   or
disciplinary action.  The RE code 2C, issued in conjunction  with  his
honorable discharge, reflects the Air Force position regarding whether
or not or under what circumstances an individual should be allowed  to
reenlist.  The RE 2C is not a waiverable code.  Since  his  discharge,
the applicant wishes to reenter the armed forces and we  believe  that
he should be given the opportunity to apply for enlistment.  While the
RE  code  may  have  been  appropriate  at  the  time  of  applicant’s
separation, we believe it would be an injustice for him to continue to
suffer its adverse effects.  Therefore, we recommend that the RE  code
2C 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),  so  that  he
may apply for enlistment based  on  the  needs  of  the  service.   We
therefore conclude that the applicant’s records should be corrected to
the extent 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  his  reenlistment
eligibility (RE)  code,  issued  in  conjunction  with  his  honorable
discharge on 22 July 1999, was “3K.”
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 June 2001, under the  provisions  of  AFI  36-
2603:

                  Mr. Henry Romo Jr., Panel Chair
                  Mr. Albert F. Lowas Jr., Member
              Mr. John E. Pettit, Member

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

   Exhibit A.  DD Form 149, dated 30 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Nov 00.
   Exhibit D.  Letter, HQ AFPC/DPPAES, dated 29 Nov 00.
   Exhibit E.  Letter, SAF/MIBR, dated 15 Dec 00.
   Exhibit F.  Letter from applicant, dated 15 Dec 00, w/atchs.
   Exhibit G.  Letter, HQ AFPC/DPPRS, dated 20 Feb 01, w/atchs.
   Exhibit H.  Letter, HQ AFPC/DPPAE, dated 2 Apr 01, w/atch.
   Exhibit I.  Letter, SAF/MIBR, dated 20 Apr 01.
   Exhibit J.  Letter from applicant, dated 2 May 01, w/atchs.




                                   HENRY ROMO JR.
                                   Panel Chair



AFBCMR 00-02965




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 22 July 1999, was “3K.”




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency