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AF | BCMR | CY2001 | 0102258
Original file (0102258.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02258

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The reenlistment eligibility code (RE) be changed from 2K to RE 4D  to
allow him to enter the Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In essence,  his  RE  code  is  incorrect  because  he  was  honorably
discharged.

Applicant’s complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS stated that the applicant did not submit any  new  evidence
or identify any errors or injustices that occurred  in  the  discharge
processing.  He has not filed a timely request.

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

AFPC/DPPAE stated that the applicant was released from active duty  on
15 Oct 96 with an honorable characterization of service after  serving
9 years and 2 months.  He  received  an  RE  code  of  2K,  “Has  been
formally notified by the unit commander of initiation  of  involuntary
separation action.”  Since  the  reduction  in  force  program  was  a
mandatory program  to  reduce  the  force  and  2K  was  the  RE  code
authorized to closely relate to the program, there is no justification
for a change.  However, if the Board wishes  to  grant  the  applicant
relief they recommend changing his 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 D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 21 Sep 01,  for  review  and  response  within  30  days.
However, 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
circumstances surrounding applicant’s separation from the  Air  Force,
we believe that the RE code in question is unjust.  In this regard, we
note that the applicant was separated due to  a  reduction  in  force.
The Air Force states that the only RE code  that  closely  relates  to
this reason is “RE-2K.”  While this may be correct, we believe that in
view of applicant’s overall record and his apparent desire to serve in
the Air National Guard, he should not be  denied  the  opportunity  to
apply for reenlistment in the armed forces if he desires.   Therefore,
we recommend that his record be corrected to show he was issued an  RE
code of “3K” (Reserve for use by HQ AFPC and the AFBCMR) at  the  time
of separation.  Applicant’s  request  for  an  RE  code  of  “4D”  was
considered; however, we believe that the more appropriate  code  would
be “3K.”  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 any branch  of  the  service.   Therefore,  we
recommend his RE code be changed to “3K.”
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that, in conjunction  with
his entry level separation  on  11  October  1996,  he  was  issued  a
reenlistment eligibility (RE) code of “3K,” rather than “2C.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 15 November 2001, under the provisions of AFI 36-
2603:

            Mr. Henry Romo, Jr., Panel Chair
            Mr. Clyde L. Williams, Member
            Ms. Ann-Cecile McDermott, Member

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

      Exhibit A. DD Form 149, dated 20 Jul 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 23 Aug 01.
      Exhibit D. Letter, AFPC/DPPAE, dated 12 Sep 01.
      Exhibit E. Letter, SAF/MIBR, dated 21 Sep 01.





                 HENRY ROMO, JR
                                        Panel Chair


AFBCMR 01-02258




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, in conjunction
with his release from active duty on 11 October 1996, he was issued a
reenlistment eligibility (RE) code of “3K,” rather than “2K.”







      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency


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