RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03095
            INDEX NUMBER: 100.03; 110.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation code be changed; his reenlistment eligibility  (RE)  code  of
4E (Grade is airman first class or below and airman  completed  31  or  more
months (55 months for 6-year enlistees), if a first-term airman;  or,  grade
is airman first class or below and the airman is  a  second-term  or  career
airman) be changed to allow him to serve in the Air National Guard; and  his
rank be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  are
cited in the application at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letters prepared  by  the
appropriate offices of the Air Force.  Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The  Separations  Branch,  AFPC/DPPRS,   reviewed   this   application   and
recommended denial, since  the  applicant  did  not  identify  any  specific
errors in the separation processing or  provide  facts  warranting  changing
the his  separation  code  or  reason  for  separation.   He  was  honorably
discharged from the Air Force on 18 November 1996, under the  provisions  of
AFI 36-3208, Administrative Separation of Airmen, by  reason  of  Completion
of Required Active Service.  He was correctly assigned a separation code  of
“KBK” in accordance with Department of Defense and  Air  Force  policy.   He
served 6 years on active duty.

A complete copy of the evaluation is at Exhibit C.

The Special Programs  and  AFBCMR  Manager,  AFPC/DPPAES,  stated  that  the
applicant’s RE code of 4E is correct.  He was a first-term  6-year  enlistee
and separated an an E-2.  The evaluation is at Exhibit D.

The Chief, Military Justice Division, AFLSA/JAJM, reviewed  the  application
with respect to the request for reinstatement of rank, since  the  applicant
was reduced from E-4 to E-2 as a result of Article 15 punishment imposed  on
30 January 1996.  The punishment imposed was lawful and appropriate for  the
offenses committed and the applicant does not appear to dispute the  Article
15 or the punishment.  He has provided no evidence  of  error  or  injustice
related to the nonjudicial punishment  proceedings.   Therefore,  AFLSA/JAJM
recommended that the Board deny the request to have his rank reinstated.

The complete evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant stated that at the time he was punished, he had a line  number
for promotion to E-5.  The two-stripe reduction  to  E-2  was  in  effect  a
three-stripe reduction.  His complete response is at Exhibit G.

_________________________________________________________________

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 warranting partial relief.   We  do
not find persuasive evidence that pertinent  regulations  were  violated  or
that the applicant was not afforded all  of  the  rights  to  which  he  was
entitled.   Considered  alone,  we  conclude  that  the  punishment,   which
included a reduction to E-2, was within the discretionary authority  of  the
commander; the discharge proceedings  were  proper;  and  the  RE  code  was
appropriate to the existing circumstances.  However, consideration  of  this
Board is not limited to the events  which  precipitated  the  discharge  and
ensuing  RE  code.   We  have  a   Congressional   mandate   which   permits
consideration of  other  factors.   In  this  instance,  we  note  that  the
applicant was young and apparently immature and, after an exhaustive  review
of the record, we have uncovered no other acts of misconduct.  Moreover,  it
appears that, except for the actions that led to the Article 15  punishment,
he was an exceptional airman.  In view of this, we believe  the  applicant’s
existing RE code is somewhat harsh.  Therefore, although we do  not  believe
that sufficient evidence has been presented to warrant reinstating his  rank
or changing his separation code, we do believe he  should  be  afforded  the
opportunity to apply for a waiver to enlist in  the  Air  Force  Reserve  or
ANG.  Whether or not he is successful in pursuing  a  military  career  will
depend on the needs of the Guard and Reserve and our  recommendation  in  no
way guarantees that  he  will  be  accepted  by  either.   In  view  of  the
foregoing, we recommend his records 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  18  November
1996, was 3K.

_________________________________________________________________

The following members of the Board considered this application  in Executive
Session on 1 May 2001, under the provisions of AFI 36-2603:

            Mr. Robert W. Zook, Panel Chair
            Ms. Brenda L. Romine, Member
            Ms. Marcia J. Bachman, Member

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

      Exhibit A.  DD Form 149, dated 15 Nov 2000.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 14 Dec 2000.
      Exhibit D.  Letter, AFPC/DPPAES, dated 17 Dec 2000.
      Exhibit E.  Letter, AFLSA/JAJM, dated 13 Mar 2001.
      Exhibit F.  Letter, SAF/MIBR, dated 30 Mar 2001.
      Exhibit G.  Letter, Applicant, dated 16 Apr 2001.




               ROBERT W. ZOOK
               Panel Chair





AFBCMR 00-03095



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, , be corrected to show that his reenlistment eligibility (RE)
code, issued in conjunction with his honorable discharge on 18 November
1996, was 3K.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency