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AF | BCMR | CY2002 | 0200368
Original file (0200368.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00368
            INDEX CODE 100.06

                       COUNSEL:  NONE


                       HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he may  enter  the
Air Force Reserve.
_________________________________________________________________

APPLICANT CONTENDS THAT:

There is no RE code of 2Y.  The need to have a valid reenlistment code  will
enable him to enlist in the Air Force Reserve.

In support of his appeal, he has submitted a copy of his DD Form 214.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an  airman  basic  on  28
August 1985 for  a  term  of  4  years.  The  applicant  was  separated  for
expiration term of service on 27  December  1989  in  the  grade  of  senior
airman.  He served 5 years and 4 months of active service.

On 14  March  1989,  the  applicant's  commander  signed  an  AF  Form  418,
Selective Reenlistment Consideration, vacating the  applicant's  NCO  status
for misconduct off-duty.
On 27 March 1989, the applicant was notified of his  commander’s  intent  to
impose nonjudicial punishment upon him for the following offense: You  were,
at Luke Air Force Base, Arizona,  on  or  about  2  March  1989,  drunk  and
disorderly.

On 17 April 1989, after consulting with counsel, applicant waived his  right
to a trial by court-martial, and submitted a written presentation.

On 21 April 1989, he was found guilty  by  his  commander  who  imposed  the
following  punishment:  reduction  to  the  grade  of  airman  first  class,
(suspended until 18 Oct 89, at  which  time  it  will  be  remitted  without
further action unless sooner vacated) and 15 days extra duty.   He  did  not
appeal the punishment.

The remaining 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 Exhibits C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE stated that the applicant has not satisfactorily  indicated  that
the RE code was not properly given.  RE code 2Y was  a  valid  code  at  the
time  of  discharge.   Commander's  action  to  deny  reenlistment  was  not
inappropriate and was in compliance with Air Force  policy.   Based  on  the
review of his case file, his RE code 2Y is correct.

The AFPC/DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 21  June
2002 for review and comment within 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 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.   At  the  time  a  member  is
separated from the Air Force, they are furnished an RE code predicated  upon
the quality of their service and  the  circumstances  of  their  separation.
The assigned code reflects the Air Force's  position  regarding  whether  or
not, or under what  circumstances,  the  individual  should  be  allowed  to
reenlist.  The evidence of records  supports  the  stated  reasons  for  the
applicant's ineligibility to reenlist; i.e., his NCO status was  vacated  as
a result of his conduct.  We are not  persuaded  by  the  evidence  provided
that the assigned RE code is in error or unjust or that an  upgrade  of  the
RE code is warranted on the basis of clemency.  Therefore,  in  the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  Docket  Number  02-00368  in
Executive Session on 20 Aug 02, under the provisions of AFI 36-2603:


      Ms. Olga M. Crerar, Panel Chair


      Mr. Michael K. Gallogly, Member

      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, not dated.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 02.




                                   OLGA M. CRERAR
                                   Panel Chair

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