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AF | BCMR | CY2002 | 0102572
Original file (0102572.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02572
            INDEX CODE:  100.03


            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2X  be  changed  so  that  he  may
reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never made aware of his inability to  reenlist  and  discovered  this
only until he arrived at his appointment to enlist in the AFR.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  9
March 1992.  He was progressively promoted to the grade of senior airman.

The following is a resume of his Enlisted Performance Report (EPR)  ratings,
commencing with the report closing 15 July 1994, rendered on  the  applicant
in the grade of airman first class.

      PERIOD ENDING    OVERALL EVALUATION

 15 July 1994                4
 16 July 1995                3
*13 November 1995                 3
 13 November 1996                 4
*02 September 1997                3

*Denotes referral report

Applicant was discharged on 25  January  1999,  after  serving  6 years,  10
months, and 16 days on active duty.  An RE code of  2X  (First  term  airman
considered but not selected under SRP).

In a letter dated 18 December 2001, AFPC/DPPRSP advised  applicant  that  an
error to his DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, Item 26 had been identified  and  was  corrected.   A  corrected  copy
showing SPD correction to KCF (to attend school) was sent to the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended the application be granted.   DPPRS  stated  that  in
order to correct an injustice the separation code  should  be  changed  from
KDF (pregnancy and childbirth) to KCF (to attend  school).   DPPRS  deferred
the reenlistment code issue to DPPAE.

The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE recommends the application be  denied.   DPPAE  states  that  the
applicant received two referral EPRs in  Nov  95  and  Sep  97  which  would
justify denial of reenlistment based on  his  performance.   However,  DPPAE
states that they could not find  documentation  such  as  an  AF  Form  418,
Selective Reenlistment Consideration, officially denying him reenlistment.

The DPPAE evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  15
March 2002 for review and response.  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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinion and recommendation of  the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.   Therefore,  in  the  absence  of  persuasive  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 12 June 2002, under the provisions of AFI 36-2603:

      Mr. David W. Mulgrew, Panel Chair
      Ms. Brenda L. Romine, Member
      Mr. James E. Short, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Sep 01.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 20 Dec 01.
    Exhibit D.  Letter, AFPC/DPPAE, dated 28 Feb 02.
    Exhibit E.  Letter, SAF/MRBR, dated 15 Mar 02.





                                   DAVID W. MULGREW
                                   Panel Chair

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