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AF | BCMR | CY2002 | 0103532
Original file (0103532.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-03532
                       INDEX CODE:  110.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment (RE) code be changed to allow him to  enlist  in  the
Mississippi Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had just returned from Saudi Arabia and had plans  to  get  married
and wanted to cross-train into a new field and was never  offered  the
opportunity.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force as airman basic on  27 Jan
94 for a period of 4 years.

On 1 Aug 95, the applicant received an Article 15 for wrongfully using
his government credit card for unofficial purposes.  The applicant was
found guilty by his  commander  who  imposed  punishment  as  follows:
reduction in grade to airman and seven days extra duty.

The applicant's commander on 17 Apr 97, signed the Air Force Form 418,
Selective  Reenlistment  Consideration,   denying   him   reenlistment
consideration due to financial irresponsibility, failing to  go,  lack
of motivation and difficulty meeting  training  standards.   Applicant
did not appeal.

The applicant was honorably discharged on 1 Jul 97, in  the  grade  of
senior airman, having not completed his first full term of service and
issued an RE code of "2X."  He served three years of active service.

Applicant's EPR profile reflects the following:

                 PERIOD ENDING               OVERALL EVALUATION

                    17 Dec 95                            2
                     2 Aug 96                            3

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE states the applicant has not submitted any  evidence  to
indicate that his commander's decision to deny him reenlistment was in
error or inappropriate.  The  fact  that  the  applicant  received  an
Article  15  is  evidence  enough  to   substantiate   a   denial   of
reenlistment.   Furthermore,  the  applicant  has  not  satisfactorily
provided  evidence  to  support  a  change  in  his  RE  code.   DPPAE
recommends the requested relief be denied (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 Mar 02, 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 of timely file.

3.    Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  While the RE code  assigned  to
the applicant, at the time, was technically correct and in accordance
with the governing regulation, the Board  believes  it  would  be  an
injustice for the applicant to continue to suffer its effects.  It is
noted that DPPAE recommended not changing the reenlistment code,  but
the  Board  believes  that  the  applicant  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, we recommend his reenlistment 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  at  the  time  of  his
discharge on 1 July 1997, he was issued a Reenlistment Eligibility Code
(RE) of “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 01-
03532 in Executive Session on 22 May 2002, under the provisions of AFI
36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Mr. Laurence M. Groner, Member
                       Ms. Martha Maust, Member

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

   Exhibit A.  DD Form 149, dated 2 Dec 01, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 4 Mar 02.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Mar 02.




                       ROSCOE HINTON, JR.
                       Panel Chair






AFBCMR 01-03532
INDEX CODE:  110.00




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, SSN, be corrected to show that  at  the
time of his discharge on 1 July 1997, he was issued  a  Reenlistment
Eligibility Code (RE) of “3K.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency

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