RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02023
INDEX CODE: 110.03, 100.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed so that he may enlist in
the Air Force Reserves.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After serving 8 1/2 years of honorable service, he should be able to
reenlist in the Reserves and continue his career.
In support of his request, applicant provided a copy of his DD Form 214,
Certificate of Release or Discharge from Active Duty. His complete
submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 9
Jul 90. He was progressively promoted to the grade of senior airman,
having assumed that grade effective and with a date of rank of 31 May 94.
On 26 Mar 98, the applicant's supervisor prepared an AF Form 418, Selective
Reenlistment Program Consideration, and recommended that he not be selected
for reenlistment. The specific reason for this action was the applicant's
failure to perform up to standards. He was previously denied reenlistment
and subsequently brought his performance up to minimum standards only to
slip back down after his reenlistment. In addition, he was on the Control
Roster for unsatisfactory conduct. On that same date, his commander
concurred with the recommendation and rendered the applicant ineligible for
reenlistment. On 9 Jan 99, the applicant was released from active duty at
the completion of his required service. He served 8 years, 6 months, and
21 days on active duty. He was assigned RE code 2X "First term, second
term, or career airman considered but not selected for reenlistment under
the Selective Reenlistment Program (SRP)."
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE reviewed applicant's request and recommends denial. DPPAE
states that he has not indicated that the commander's action was
inappropriate or not in compliance with Air Force policy. The DPPAE
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 11 Oct
02 for review and comment within 30 days. 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 an injustice. Even though the applicant has provided no
evidence to show that his separation was improper or not in compliance with
the appropriate regulations, it is our opinion that relief is warranted in
this particular case. In this respect, we note that the decision to
separate the applicant was not based on misconduct and we believe that a
good probability exists that he may be able to provide effective and
meaningful service to our nation as a member of the Air Force Reserves. In
view of this, based on clemency, we believe that his RE code should be
changed to a waiverable code in order to provide the applicant an
opportunity to apply for entry into the Reserves. 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
service. Therefore, we recommend that his records be corrected to the
extent 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 on 9 January 1999, he was separated
under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority)
with a separation code of JFF and a reenlistment eligibility (RE) code of
3K.
_________________________________________________________________
The following members of the Board considered Docket Number 02-02023 in
Executive Session on 4 Dec 02, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Thomas J. Topolski, Jr., 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 18 Jun 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 8 Oct 02.
Exhibit D. Letter, SAF/MRBR, dated 11 Oct 02.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR 02-02023
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 on 9 January 1999, he was
separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial
Authority) with a separation code of JFF and a reenlistment eligibility
(RE) code of 3K.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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