RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02803
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment code (RE) be changed so she may enlist and her rank on  her
DD Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,  be
changed to reflect SrA (E-4) or at the minimum, A1C (E-3).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Before her discharge, she was to be promoted  to  SrA  (E-4)  but  it  never
happened.  She was to be given the rank of E-4 but after  repeated  requests
and being told it would be taken care of, it  slipped  through  the  cracks.
Her RE code should be changed because her discharge was  honorable  and  her
service commitment was completed.  She was not aware that  her  RE  Code  of
“4I” would stop her from  reenlisting.   Her  evaluations  will  demonstrate
that she was a dedicated soldier and a very big part of her unit.

In support of her request, she submits a copy of her letter  to  Congressman
Davis requesting assistance with her RE code change, copies of her  AF  Form
910,  Enlisted  Performance  Reports,  and   copies   of   her   performance
evaluations.  The applicant’s complete submission, with attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15  December  1994.   She
was progressively promoted to the grade of airman (E-3) effective  15  April
1996.  She was demoted to the grade of airman (E-2) on 28  July  1997.   She
was honorably discharged on 14 December  1998  for  completion  of  required
active service. She had served 4 years on active duty. An RE-4I (Serving  on
the Control  Roster)  was  assigned.   Her  awards  include  the  Air  Force
Outstanding Unit with One Oak Leaf Cluster, Air Force  Good  Conduct  Medal,
Humanitarian Service Medal, Air Force Training  Ribbon  and  the  Air  Force
Longevity Service Award.

The following is a resume of the applicant’s EPR ratings.

      Period Ending          Promotion Recommendation

      14 Aug 96              4
      14 Aug 97*             2
      14 Aug 98              4

* Denotes referral EPR

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB  recommends  the  application  be  denied.   DPPPWB  states  the
applicant was ineligible for promotion because she received a  referral  EPR
closing 14 August 1997 and as evidenced by the RE  Code  4I,  the  applicant
was placed on the Control Roster,  which  is  an  automatic  ineligible  for
promotion condition.  DPPPWB  also  states  that  the  record  reflects  the
applicant has an Unfavorable  Information  File.   DPPPWB’s  review  of  the
applicant’s record and her promotion situation revealed  that  there  is  no
basis for promotion to the grade  higher  than  airman  (E-2).   The  DPPPWB
evaluation, with attachment, is at Exhibit C.

AFPC/DPPAE recommends the application be  denied.   DPPAE  states  that  the
applicant’s records revealed that she received an Article  15,  non-judicial
punishment for financial irresponsibility and was reduced to the rank of  E-
2, which put the applicant on the control roster.  DPPAE  states  that  they
could not find the actual documentation for the Article 15 in  her  records;
however, the EPR she received with a closeout date of 14 August 1997  states
that she received  one.   DPPAE  states  that  the  RE  code  the  applicant
received at the time of separation is correct.  DPPAE states  that  although
she received an honorable characterization of  service,  it  doesn’t  negate
her reenlistment eligibility at the  time  of  her  separation.   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  12
April 2002 for review and response.   As  of  this  date,  this  office  has
received no response.

_________________________________________________________________

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  warranting  corrective  action.   After
reviewing the applicant’s  submission,  we  believe  that  reasonable  doubt
exists as to the propriety of her RE code.  This RE code indicates  she  was
serving on the Control Roster.   While  it  is  true  that  her  performance
report for the period ending 14 August  1997  contained  derogatory  ratings
and comments  concerning  her  receipt  of  an  Article  15  punishment  for
financial irresponsibility, in our view,  this  fact  does  not  provide  an
appropriate basis to warrant the assignment of an RE-4I at the time  of  her
separation.  Our finding in this matter  is  based  on  the  fact  that  the
applicant was separated on 14 December 1998 and, in her EPR for  the  period
ending 14 August 1998, it was noted that  she  had  overcome  her  financial
difficulties and had shown great improvement and  potential.   According  to
AFI 36-2907, an individual’s name may not be retained on the control  roster
for more than 6 consecutive months.  We believe it is safe  to  assume  that
the Article 15 punishment was imposed on  the  applicant  on  the  date  the
record shows she was reduced in grade -- 28  July  1997.   It  would  appear
that more than 6 months had elapsed from the  date  of  the  control  roster
action and her discharge date.  Therefore,  in  the  absence  of  any  other
derogatory material in her  records,  doubt  has  been  created  as  to  the
propriety of the applicant’s RE code.  In order  to  rectify  any  potential
injustice, we believe any doubt in this matter should  be  resolved  in  the
applicant’s favor and conclude that her RE  code  be  changed  to  RE-3K,  a
waiverable code reserved for use by this Board.

4.  We also considered the applicant’s request for promotion to E-4 and  are
persuaded that some promotion relief is warranted in  this  case.   We  note
that, but for the referral EPR, the  applicant  again  became  eligible  for
promotion to the grade of airman first class on  28  May  1998.   We  cannot
second-guess the reasons that she was  not  again  promoted  to  that  grade
prior to her separation more than sixteen months after the closeout date  of
the referral EPR and four months after she received  her  final  performance
report, and can detect no error in their failure to do so  in  the  evidence
before us.  However, in view of the exceptionally laudatory comments of  her
rater and indorser on her last performance report, it is our  opinion  that,
as a matter of clemency, she should receive  retroactive  promotion  to  the
grade of airman first class effective the date of her discharge.  We do  not
believe that further relief in the form of promotion to senior airman  would
not be appropriate since it would appear that the applicant could  not  have
been considered for promotion to that grade prior to her separation.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

            a.  She was promoted to the grade of airman  first  class  (E-3)
with a date of rank (DOR) and effective date of 14 December 1998.
            b.  At the time of her discharge on 14 December  1998,  she  was
issued a Reenlistment Eligibility (RE) code of “3K,” rather than “4I.”
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 July 2002, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Carolyn B. Willis, Member


The following documentary evidence for AFBCMR  Docket  Number  01-02803  was
considered:

     Exhibit A.  DD Form 149, dated 17 September 2001, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 2 April 2001.
     Exhibit D.  Letter, AFPC/DPPAE, dated 26 March 2001.
     Exhibit E.  Letter, SAF/MRBR, dated 12 April 2002.



                                  RICHARD A. PETERSON
                                  Panel Chair
AFBCMR 01-02803




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:

            a.  She was promoted to the grade of airman first class (E-3)
with a date of rank (DOR) and effective date of 14 December 1998.

            b.  At the time of her discharge on 14 December 1998, she was
issued a Reenlistment Eligibility (RE) code of “3K,” rather than “4I.”







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency