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AF | BCMR | CY2003 | BC-2002-02326
Original file (BC-2002-02326.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02326
            INDEX CODE:  100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed to allow  enlistment
in the Air Force Reserves.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She completed her  active  duty  service  and  received  an  honorable
discharge in September 1997.  She attempted to  enter  the  Air  Force
Reserves in January 2002 and was denied admittance due to the RE  code
on her DD Form 214, Certificate of Release or  Discharge  from  Active
Duty.  The applicant states that she does not know why she  was  given
(RE) code 2X and she believes the RE code is a clerical error.

In support of her request,  the applicant provided a copy  of  her  DD
form 214, two (2) recommendation letters and a personal statement.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  in
June 1988 for a term of 4 years.  She  received  a  Referral  Enlisted
Performance (EPR) on 23 December 1996, for failure to  comply  with  a
lawful  order  and  failure  to  go  and  unprofessional   dress   and
appearance.  She was honorably discharged on 13 September  1997  after
serving nine (9) years, two  (2)  months  and  twenty-nine  (29)  days
active service.  She received an RE code of  2X  “First-term,  Second-
term, or career airman considered but not  selected  for  reenlistment
under the SRP” when she was discharged.

Examiners Note:  Separation Program Designator (SPD) code LBK  denotes
“Completion of Required Active Service”.


________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE indicates  that  based  on  a  review  of  the  applicant’s
records, the applicant’s duty performance was  generally  substandard.
 Based on her latest EPR DPPAE concluded that her commander denied her
reenlistment.  The applicant  has  not  satisfactorily  indicated  the
commander’s action to deny reenlistment was inappropriate  or  not  in
compliance with Air Force Policy.  DPPAE  recommends  the  applicant’s
request be denied.

The DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
2 Jan 03, 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice to  warranting  corrective  action.
After reviewing the evidence submitted,  we  believe  that  reasonable
doubt exists as to whether or  not  the  applicant  was  provided  the
proper guidance and counseling that would have been appropriate during
the processing of her nonselection  for  reenlistment.   There  is  no
available evidence to indicate that she was identified  as  ineligible
to reenlist, or that her commander denied her reenlistment.  It is our
opinion, that in cases where reasonable doubt exists, the  outcome  of
such should be resolved in favor of the applicant.  In view  of  this,
we believe it would be in the best interest of equity and justice that
her RE code be changed to a waiverable code.  Whether or  not  she  is
successful  will  depend  on  the  needs  of  the  service   and   our
recommendation in no way guarantees that she will be allowed to return
to any branch of service.

_________________________________________________________________



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  her
discharge on 13 September 1997, her reenlistment eligibility (RE) code
was 3K.

_________________________________________________________________

The following members of the Board considered Docket  Number  02-02326
in Executive Session on 12 February 2003, under the provisions of  AFI
36-2603:

                 Mr. Albert F. Lowas, Jr., Panel Chair
                 Mr. William H. Anderson, Member
                 Mr. James W. Russell, III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, undated.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPAE, dated 2 Jan 03.
      Exhibit D. Letter, SAF/MRBR, dated 4 Oct 02.





      ALBERT F. LOWAS, JR.
      Panel Chair

AFBCMR 02-02326




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 her
discharge on 13 September 1997, her reenlistment eligibility RE code ws RE-
3K.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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