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AF | BCMR | CY2002 | 0200095
Original file (0200095.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00095
            INDEX NUMBER:  110.00

      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

His reentry code of  2x  “first-term,  second-term,  or  career  airman
considered but  not  selected  for  reenlistment  under  the  Selective
Reenlistment Program (SRP) be changed to a code that will permit him to
reenter the Air Force as an officer.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was probably given a “2X” RE code due to his early separation during
the strength reduction in 1990.  He does not believe it was intended to
preclude him from reentering the Air Force as an officer over ten years
later.

He has earned a Masters Degree and gained  valuable  experience,  which
have dramatically altered his qualifications  to  serve.   He  provides
copies of documents, including letters of reference that document  that
he meets all requirements for reentering the Air Force as an officer.

The applicant’s complete submission, with attachments, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty as an airman on 14 Apr 89.  On 26 Dec
89, he requested separation under the provisions of the  FY90  Extended
Early Release Program effective 1 Feb 90.   On  12  Jan  90,  the  base
commander  approved  the  applicant’s  request.   The   applicant   was
voluntarily separated on 1 Feb 90 and issued a RE Code of “2X.”

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the Board change the applicant’s RE  code  to  3K
“Reserved for use by HQ AFPC or the AFBCMR when no  other  reenlistment
eligibility code applies or is appropriate.   After  a  review  of  the
applicant’s records, they could not find any documentation, such as  an
AF  Form  418,  Selective  Reenlistment  Consideration,   denying   the
applicant reenlistment.

The complete evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates in his response that since  he  served  only  9
months, 17 days, he  was  never  considered  for  under  the  SRP.   He
voluntarily separated strictly to benefit the Air  Force.   During  his
time in service, he honestly and faithfully performed his duties.

He disagrees with the Air Force recommendation to change his RE code to
“3K.”  He believes his code  should  be  one  that  reflects  honorable
service with no  adverse  APRs,  disciplinary  letters,  or  derogatory
information.  Put simply, it should be “1J” since he  would  have  been
selected under SRP if considered.

He further believes that his position is justified by the fact that  he
is applying for a commission as an  Air  Force  officer  and  that  any
reentry code other than a “1” will require additional time and  expense
on the part of the Air Force.  Since his  “2X”  RE  code  was  unjustly
entered on his DD Form 214 and is preventing his effort  to  become  an
officer, it is in the best interest of justice and in the best interest
of the Air Force to change his RE code to “1J.”

The applicant’s complete response is at Exhibit E.

_______________________________________________________________

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 error or injustice.  It is  clear  from  the  evidence  of
record that the RE code of “2X” given the applicant is  incorrect.   We
disagree, however, with the recommendation of the AFPC/DPPAE to  change
the applicant’s code to “3K.”  While it may be a preferable code to the
current one, we believe that  it  would  only  serve  to  compound  the
injustice already done to the applicant.  As such, we believe that  the
RE code of “1J” requested by the applicant is  appropriate.   There  is
nothing  indicated  in  his  record  that  should  have  precluded  his
reenlistment in the Air Force.  We note the letters of support provided
to the applicant and his apparent qualifications to be  considered  for
reentry into the Air Force as an officer.  Therefore, we recommend that
the applicant’s records be corrected as 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
honorable discharge on 1 February 1990, he was  issued  a  Reenlistment
Eligibility Code of “1J.”

_______________________________________________________________

The following members of the Board considered Docket Number 02-00095 in
Executive Session on 5 June 2002, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. John B. Hennessey, Member
      Mr. Michael Maglio, Member

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

     Exhibit A.  DD Form 149, dated 9 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DDPAE, dated 4 Apr 02.
     Exhibit D.  Letter, SAF/MIBR, dated 19 Apr 02.
     Exhibit E.  Letter, Applicant, dated 9 May 02.




                                   Mr. Thomas S. Markiewicz
                                   Vice Chair

AFBCMR 02-00095


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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that
at the time of his honorable discharge on
1 February 1990, he was issued a Reenlistment Eligibility Code of
“1J.”






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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