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AF | BCMR | CY2001 | 0102497
Original file (0102497.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02497

            COUNSEL:  None

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE)code of 4J be changed to  allow  enlistment
in the Air Force Reserve.

_________________________________________________________________

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.

_________________________________________________________________

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 at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be  denied.   DPPAE  states  that  the
applicant was on the weight control program and  on  12 September  1989  the
commander withheld his promotion to senior airman (E-4).  DPPAE also  states
that the applicant  has  not  proven  that  the  RE  code  at  the  time  of
separation was erroneous or not in compliance with  Air  Force  policy  (see
Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 12 October 2001, for review and response.  As of this date,  this  office
has received no response

_________________________________________________________________

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 injustice.  While  the  RE  code  assigned  to  the
applicant at the time was technically  correct  and  in  accordance  with
regulation, we believe it would be an  injustice  for  the  applicant  to
continue to suffer its effects in the way of  an  enlistment  opportunity
with the Air Force Reserve.  We believe an appropriate remedy would be to
grant him a “3” series RE code.  While this series indicates  “Conditions
Barring Immediate Reenlistment,” these codes, are  “waiverable.”   An  RE
“3” series code will permit him to apply for enlistment  and,  should  he
have desirable skills and be otherwise medically qualified, the Air Force
Reserve may elect to waiver his ineligibility and allow  him  to  enlist.
The applicant should understand that  this  RE  code  change  in  no  way
obligates the Air Force Reserve or any of the other  Services  to  accept
him for enlistment.  Therefore, 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  at  the  time  of  his
discharge on 19 March 1990, he was issued a Reenlistment Eligibility (RE)
code of “3K” rather than “4J.”
___________________________________________________________________

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

      Mr. David W. Mulgrew, Panel Chair
      Mr. Jay H. Jordan, Member
      Mr. William Edwards, Member

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

     Exhibit A.  DD Form 149, dated 27 Jul 01, w/ Atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 3 Oct 01.
     Exhibit D.  Letter, SAF/MIBR, dated 12 Oct 01.



                                  DAVID W. MULGREW
                                  Panel Chair
AFBCMR 01-02497




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 19
March 1990, he was issued a Reenlistment Eligibility (RE) code of “3K,”
rather than “4J.”







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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