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AF | BCMR | CY2003 | BC-2002-02558
Original file (BC-2002-02558.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02558
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his RE code changed to allow him  to  enlist  in  the  Air  Force
Reserve.  He states that he has no evidence to support his claim.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 July 1995 in the  grade
of airman basic.

On 22 July 1998 the applicant was permanently  decertified  from  performing
Personnel Reliability Program (PRP) duties.  The decision  was  based  on  a
recommendation from Base Family Advocacy due to a  demonstrated  pattern  of
unreliable behavior both on and off duty.  The unreliable behavior  includes
being late for  duty,  littering  the  dorm,  having  a  pet  in  the  dorm,
delinquent account, and spousal abuse.

On 5  February  1999,  the  applicant  requested  an  early  separation  for
miscellaneous/general reasons.

On 15 March 1999, the commander approved the applicant’s request  for  early
separation.

Applicant was discharged on 15 March 1999, in the  grade  of  senior  airman
with  an  honorable  discharge,  under  the  provisions   of   AFI   36-3208
(Miscellaneous/General Reasons).  He served a  total  of  3 years,  8 months
and 11 days of total active military service.

The applicant received an RE code of “2X” -  First  term  airman  considered
but not selected under Selected Reenlistment Program (SRP).

EPR profile reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

            4 Mar 97         3
            4 Feb 98         4
            4 Feb 99         2 (Referral)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE  recommended  denial.   They  indicated  that  a  review  of  the
applicant’s records revealed that the  applicant  was  separated  honorably,
but under miscellaneous/general reasons.  The applicant was disqualified  by
his commander from the performance  of  duties  under  the  Nuclear  Weapons
Personnel Reliability Program  (PRP),  based  on  recommendation  from  Base
Family Advocacy due to a demonstrated pattern of  unreliable  behavior  both
on and off duty.  His unreliable behavior  included  being  late  for  duty,
littering the dorm, having a  pet  in  the  dorm,  delinquent  account,  and
spousal abuse.  The applicant was approved for miscellaneous  separation  on
22 February 1999.  Subsequently, on 2 March 1999, the applicant  received  a
Referral Enlisted Performance Report (EPR) as a result  of  his  substandard
behavior.

The applicant’s records reflect a pattern of misconduct that  is  consistent
with the commander’s decision to nonselect him for  reenlistment  under  the
Selective Reenlistment Program.  The RE code “2X” is correct.

The evaluation is at Exhibit C.

 _________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 January 2003, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within  thirty  (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 not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  an  error  or  an  injustice  warranting  a  change  in   the
applicant’s RE code.  We took notice of the applicant's complete  submission
in judging the merits of the case; however, we agree with  the  opinion  and
recommendation of the Air Force and adopt their rationale as the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.   The  Board  believes   that   responsible   officials   applied
appropriate standards in effecting the separation, and the  Board  does  not
find persuasive evidence that pertinent regulations were  violated  or  that
applicant was not afforded all the rights to which entitled at the  time  of
discharge.  As a result, the applicant’s RE code  accurately  reflects  that
he was apparently considered but not selected for reenlistment.   Therefore,
in the absence of evidence to the contrary, we find no compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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 AFBCMR Docket Number  02-02558
in Executive Session on 20 February 2003, under the provisions  of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Mary J. Johnson, Member
                  Mr. James A. Wolffe, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 August 2002.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 6 January 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 10 January 2003.




                                RICHARD A. PETERSON
                                Panel Chair

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