RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01308
INDEX CODE: 112.10
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed from 2I to 1J to
allow him the opportunity to reenlist in the Air National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Upon discharge from the Air Force he was given the 2I RE code on his
DD 214 because he was a non-US citizen serving an enlistment. He
became a citizen of the United States of American (USA) on December 9,
1993 and he feels that the RE code should be changed to a 1J.
In support of the appeal, applicant submits a copy of a Certificate of
Naturalization, #20256644, which states that he is a citizen of the
USA.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 30 August 1988.
The applicant, while serving in the grade of airman first class, was
discharged from the Air Force on 17 April 1992 under the provisions of
AFR 39-10 (voluntary mscellaneous reasons) and received an honorable
discharge. He served 3 years, 7 months and 18 days total active
service.
_________________________________________________________________
AIR FORCE EVALUATION:
The Assistant Chief, Skills Management Branch, AFPC/DPPAE, reviewed
the application and states that the code of 2I, “Non-U.S. citizen
serving on initial enlistment with an honorable characterization of
service” is correct. If administrative relief is offered by the
Board, since the applicant was ineligible to reenlist due to being a
non-US citizen, they recommend changing his RE code to 3K, “Reserved
for use by HQ AFPC or the Air Force Board for Correction of Military
Records (AFBCMR) when no other reenlistment eligibility code applies
or is appropriate.
A complete copy of the evaluation is attached at Exhibit C.
The Assistant NCOIC, Separation Procedures Section, AFPC/DPPRS,
reviewed the application and states that based upon the documentation
in the file, they believe the discharge was consistent with the
procedural and substantive requirements of the discharge regulation.
Additionally, the discharge was within the sound discretion of the
discharge authority.
A complete copy of their evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 June 2001, complete copies of the Air Force evaluations were
forwarded to the applicant for review and response within 30 days. As
of this date, no response has been received by this office.
_________________________________________________________________
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. After reviewing the
evidence of record, the Board notes that applicant was denied
reenlistment in the Air National Guard for failing to become a U.S.
citizen. However, the Board also notes that he received his U.S.
citizenship on 9 December 1993. Therefore, we believe his RE code
should be changed to “3K” (Reserved for use by HQ AFPC or the Air
Force Board for Correction of Military Records (AFBCMR) when no other
reenlistment eligibility code applies or is appropriate). This code
would afford him the opportunity to apply for a waiver to reenlist in
the armed forces if he desires to do so. Whether or not he is
successful will depend on the needs of the service and our
recommendation in no way guarantees that he will be allowed to return
to the Air Force or any other branch of the service. We considered
applicant’s request for an RE code of “1J”. However, since the RE
code issued was correct at the time of his discharge in 1992, and in
view of the fact that he has been discharged for over nine years, we
do not believe that a further change in his RE code is justified.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that at the time of his
discharge on 17 April 1992, he was issued a Reenlistment Eligibility
(RE) code of “3K.”
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 16 August 2001, under the provisions of AFI 36-
2603:
Mr. Jackson A. Hauslein, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Lawrence R. Leehy, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 4 Jun 01.
Exhibit D. Letter, AFPC/DPPRS, dated 15 Jun 01.
Exhibit E. Letter, AFBCMR, dated 29 Jun 01.
JACKSON A. HAUSLEIN
Panel Chair
AFBCMR 01-01308
INDEX CODE:
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 at the time of his
discharge on 17 April 1992, he was issued a Reenlistment Eligibility
(RE) code of “3K.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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