RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-01560

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The Reenlistment Eligibility (RE) Code  of  2X  be  removed  from  Item  27,
Reenlistment Code, of his DD Form 214, Certificate of Release  or  Discharge
from Active Duty, issued on 10 August 1985.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

It is unfair to keep the RE Code 2X  on  his  DD  Form  214  because  it  is
prohibiting him from entering the Air National Guard (ANG).

The applicant states that he entered the Air Force at the age of 17  and  at
the time he received the Article 15 for fighting, he was very immature.   At
the end of his tour, he was denied reenlistment  and  signed  the  paperwork
without fully  understanding  the  implications  of  doing  so.   Since  his
discharge, he has been married for  17  years,  had  two  children,  been  a
deputy sheriff, worked in asset protection at several  different  locations,
and been a lead supervisor for  a  major  computer  company.   His  wife  is
currently serving on active duty in the Air Force and is  stationed  at  ---
AFB.  He has been advised by security personnel there that they are in  need
of personnel and would like to have experienced people, such as himself,  in
their squadron.  In view of this, the RE Code should be removed  to  provide
him an opportunity to again serve his country.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for a period of  four  years
on 11 August 1981.

On 8 October 1982, the commander notified the applicant  of  his  intent  to
impose nonjudicial punishment under  Article  15  of  the  Uniform  Code  of
Military  Justice  (UCMJ)  for  violating   Article   134   of   the   UCMJ.
Specifically, for being drunk and disorderly in station on  1  October  1982
and being disorderly in station on 2 October 1982.  He waived his  right  to
demand trial by court-martial and accepted the nonjudicial  proceedings  and
did not desire to make an oral or written  presentation  to  the  commander.
The commander imposed the punishment on 6 October 1982, which  consisted  of
reduction to the grade of airman and forfeiture of  $250.00  per  month  for
two months.  However, the reduction in grade was  suspended  until  5  April
1983.  The applicant did not appeal the punishment.

The  applicant  was  considered  for  reenlistment   under   the   Selective
Reenlistment Program (SRP) on 11 May 1984; however, his supervisor  did  not
recommend his reenlistment.  His supervisor indicated that he  had  reviewed
the applicant’s records which clearly indicated that he  had  a  history  of
problems in adjusting to the Air Force; had  been  counseled  several  times
about his attitude, military bearing, duty  performance  and  acceptance  of
responsibility; but there had  been  no  improvement.   The  unit  commander
concurred with the supervisor’s recommendation and  the  applicant  was  not
selected for reenlistment under the SRP.

The applicant was honorably discharged on 10 August 1985  in  the  grade  of
airman first  class  and  issued  an  RE  Code  of  2X  (first  term  airman
considered but not selected under the SRP).   He  completed  four  years  of
active service, and 7 months and 2 days of prior inactive service.

The applicant’s Airman Performance Report (APR) profile, follows:

       PERIOD ENDING              OVERALL EVALUATION

         11 Nov 82                        7
         23 May 83                        5
         13 Oct 83                        7
         14 Jan 84                        7
         14 Jan 85                        6

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied and states,  in  part,  that
the applicant has not satisfactorily indicated  the  commander’s  action  to
deny reenlistment was inappropriate or not  in  compliance  with  Air  Force
policy.  At the time of his discharge, he was issued an RE Code of 2X  which
identifies him as a first term airman considered but not selected under  the
SRP.

The AFPC/DPPAE evaluation is at Exhibit C.

_________________________________________________________________


APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 23 August 2002 for review and response within 30 days.   However,  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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of injustice to warrant changing the applicant’s RE  code.   After
a thorough review of the available records, we find that the applicant’s  RE
code of 2X accurately reflects that he was considered but not  selected  for
reenlistment under the Selective Reenlistment Program  (SRP).   We  find  no
evidence that the  assigned  RE  code  was  in  error  or  contrary  to  the
governing regulation.  Nevertheless, we believe it  would  be  an  injustice
for the applicant to continue to suffer the adverse effects of the  assigned
RE  code  and  that  he  should  be  afforded  a  second  chance  to  serve.
Therefore, in the interest of justice, we recommend  that  his  RE  code  be
changed to 3K, which is  a  code  that  can  be  waived  for  prior  service
enlistment consideration, provided applicant meets  all  other  requirements
for enlistment under an existing prior service program.  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
any branch of the service.  Accordingly, we recommend that  the  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 discharge  on  10
August 1985, he was issued a Reenlistment Eligibility Code of 3K.

_________________________________________________________________







The following members of the Board  considered  Docket  Number  02-01560  in
Executive Session on 24 October 2002, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Carolyn B. Willis, Member
                       Ms. Cheryl Dare, Member

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

    Exhibit A.  DD Form 149, dated 17 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 15 Aug 02.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 02.




                                   RICHARD A. PETERSON
                                   Panel Chair
AFBCMR 02-01560




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, be corrected to show that at the time of his
discharge on 10 August 1985, he was issued a Reenlistment Eligibility (RE)
code of 3K.







JOE G. LINEBERGER

Director

Air Force Review Boards Agency