RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02036
            INDEX CODE:  112.00,128.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Reenlistment Eligibility (RE) code be changed.

2.  He be reimbursed $1,755.72  for  his  Selective  Enlistment  Bonus
(SEB).

_________________________________________________________________

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  are  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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial.  They indicate that the applicant’s  RE
code of 2C, Involuntarily separated with an  honorable  discharge;  or
entry level separation without characterization of service is correct.
 Although his character of service was changed  from  under  honorable
conditions to honorable and  his  separation  code  changed  from  JKM
(Misconduct) to JFF, Secretarial Authority, by the AFBCMR  (SIC)  {the
Air Force Discharge  Review  Board  -  AFDRB  made  this  correction},
recoupment of his unearned portion of his SRB is still required  based
on the separation code.



The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 November 2001 a copy of the Air Force evaluation was forwarded to
the applicant for review and response within thirty (30) days.  As  of
this date, no response has been received by this office.

_________________________________________________________________

ADDITIONAL EVALUATION:

DFAS-POCC/DE recommended denial.  They  indicate  that  the  applicant
separated with a debt owed the Government due  to  recoupment  of  his
Selective Enlistment Bonus (SEB).  The amount of the debt after  final
adjustments were made totaled $1,444.79.  The amount  was  established
on the Defense Debt Management System.  The IRS  offset  $641.92  from
income tax return and the payment was credited on 29  March  2001.   A
second payment was received from a collection agency in the amount  of
$874.64 and was credited on 14 May 2001.  The entire debt of $1,444.79
plus $71.77 in  interest,  penalty,  and  administrative  charges  was
collected.  The fact that the discharge was upgraded to honorable  and
the  separation  code  was  changed  to  JFF  has  no  effect  on  the
collection.

The evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL EVALUATION:

On 26 December 2001 a copy of the DFAS evaluation was forwarded to the
applicant for review and response within thirty (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 timely filed.







3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence  of  probable  error  or  injustice  warranting  partial
relief.  The RE code issued at the time of separation  was  apparently
in accordance with the applicable regulations.  However, a majority of
the Board finds that based on the Air Force Discharge  Review  Board’s
(AFDRB) decision to upgrade the applicant’s character  of  service  to
honorable and to change his separation program designator  (SPD)  code
to JFF, his RE code should be changed.  The AFDRB concluded  that  the
applicant’s discharge was inconsistent with  actions  administered  to
other members who committed similar offenses.  Also, the  Board  notes
the applicant’s desire to enlist in the Reserves; and  a  majority  of
the Board believes he should be afforded the opportunity to apply  for
a waiver to enlist in the  armed  services.   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  branch  of  the  service.   Therefore,  the
majority of the Board recommends his RE code be changed to “3K.”

4.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice warranting  reimbursement
for his Selective Enlistment Bonus  (SEB).   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation from the Defense
Finance and Accounting Service (DFAS) and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  The applicant separated  from  the  Air  Force
before serving the required amount of  time  to  be  entitled  to  the
bonus.  While we note the applicant’s separation  code  and  narrative
reason for separation were changed by the AFDRB, we find  insufficient
evidence which would persuade us to change his separation code to  one
not requiring recoupment.  We find no basis upon which to pay him  for
unserved time.  In view of  the  foregoing,  and  in  the  absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting this portion sought in this application.

_________________________________________________________________

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 22 June 2000, he was issued  a  Reenlistment  Eligibility
(RE) code of “3K.”

_________________________________________________________________






The following members of the Board considered AFBCMR Docket Number 01-
02036 in Executive Session on 14 February 2002 under the provisions of
AFI 36-2603:

                 Mr. Roger E. Willmeth, Panel Chair
                 Ms. Nancy Wells Drury, Member
                 Mr. Albert J. Starnes, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Willmeth voted to deny the application and does  not
desire  to  submit  a  minority  report.   The  following  documentary
evidence was considered:

   Exhibit A.  DD Form 149, dated 10 May 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 18 October 2001.
   Exhibit D.  Letter, SAF/MRBR, dated 2 November 2001.
   Exhibit E.  Letter, DFAS-POCC/DE, dated 14 December 2001
   Exhibit F.  Letter, AFBCMR, dated 26 December 2001.





                                   ROGER E. WILLMETH
                                   Panel Chair





AFBCMR 01-02036



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 22 June 2000, he was issued a Reenlistment Eligibility
(RE) code of “3K.”





                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency