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AF | BCMR | CY2003 | 0202729
Original file (0202729.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02924
            INDEX CODE:  100.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that  he  may  reenlist
in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not in constant trouble and received  only  a  letter  of  reprimand,
which was given for false reasons.  He was constantly  degraded,  threatened
and told he was going to be kicked out for no reason.  At the  time  he  was
denied reenlistment, he fully understood  that  he  would  not  be  able  to
reenlist  but  now  regrets  the  decision  not  to  appeal.    During   his
outprocessing the squadron leader told him that he could  get  the  RE  code
changed but would have to give up his permissive TDY  and  stay  in  Phoenix
for another month.  At that time, he had already terminated  his  lease  and
rented and packed a moving truck to go back to Kansas City.  He  would  like
his RE code changed  so  that  he  may  reenlist  and  be  able  to  provide
stability and structure for his new family and himself and rejoin the  unity
and camaraderie that the military has to offer.  He would also like to  take
advantage of the money given so he may be able to obtain a  college  degree.
He understands that these reasons are small but feels that the  military  is
where he belongs.

In support of his request applicant provides a  personal  statement,  copies
of letters of support and a copy of  his  recommendation  for  promotion  to
senior airman.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  9  January  1997.   He  was
progressively promoted to the grade of senior airman,  having  assumed  that
grade effective and with a date of rank of 9 May 1998.   He  received  three
Enlisted Performance Reports (EPR) closing 28 October 1998, 28 October  1999
and 28 October 2000, in which  the  overall  ratings  were  3*,  2*,  and  3
respectively (highest rating a 5).  * Denotes referral EPR.

On  5  October  1999,  applicant’s  supervisor  prepared  an  AF  Form  418,
Selective Reenlistment/Noncommissioned  Officer  Status  Consideration,  and
recommended that he not be selected for reenlistment.  The  specific  reason
for his action was that the applicant’s  past  enlisted  performance  rating
was a referral EPR and his  personal  information  file  contained  numerous
disciplinary actions.  He was continuously unable  to  follow  basic  safety
instructions in a career field that demands safety being the forethought  of
any action and strict adherence.  He had a history of  negative  involvement
with various law  enforcement  agencies  around  Luke  AFB.   He  failed  to
complete his upgrade training through his career development course  in  the
allotted time and was forced to file for an extension in order  to  complete
the required training.   On 7 October 1999,  applicant’s  section  commander
concurred  with  the  recommendation  and  rendered   him   ineligible   for
reenlistment.

Applicant was honorably discharged on 8 January 2001, after serving 4  years
on active duty.  An  RE  code  2X  (First-term  airman  considered  but  not
selected for reenlistment under the SRP) was given.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP recommends the application be denied.  DPPRSP  states  that  the
applicant has not satisfactorily indicated the commander’s  action  to  deny
reenlistment was inappropriate or not in compliance with Air  Force  Policy.


The DPPRSP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 January 2003, a copy of the Air Force evaluation was forwarded to  the
applicant for review and comment.  As of this date, a response has not  been
received.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice warranting correction of his  RE  code.   In
view of his overall record while in the Air  Force,  we  are  not  persuaded
that he has been the victim of  either  an  error  or  injustice.   We  took
notice of the applicant’s complete submission in judging the merits  of  the
case; however, we do not find  his  uncorroborated  assertions  sufficiently
persuasive to override the rationale provided by the Air Force.  In view  of
the above and in the absence of evidence by  the  applicant  indicating  the
information cited by his supervisor  and  commander  to  nonselect  him  for
reenlistment  was  erroneous  or  that  those   individuals   abused   their
discretionary authority, we find no basis upon which to  favorably  consider
the relief sought in this application.

_________________________________________________________________

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 this application in  Executive
Session on 16 April 2003, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr, Panel Chair
      Mr. Steven A. Shaw, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit D.  Letter, AFPC/DPPAE, dated 6 Jan 03.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Jan 03.





                                   ROSCOE HINTON JR
                                   Panel Chair

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