RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02857
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment code (RE) be changed to allow her to join the Air
Force Reserve.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was not notified of the RE code change.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 July 1986, as an
airman for a period of four (4) years.
On 14 May 1987, the applicant was notified of her commander’s intent
to impose nonjudicial punishment upon her for the following: on or
about 28 December 1988, without authority, she failed to go at the
time prescribed to her appointed place of duty.
On 21 May 1987, after consulting with counsel, applicant waived her
right to a trial by court-martial, requested a personal appearance and
did not submit a written presentation.
On 26 May 1987, she was found guilty by her commander who imposed the
following punishment: forfeiture of $172.00 of pay, ordered to
undergo correctional custody for 30 consecutive days. The execution
of the portion of the punishment which provided for 30 consecutive
days of correctional custody was suspended until 25 November 1987 at
which time, unless the suspension was sooner vacated, it could be
remitted without further action.
On 4 January 1989, applicant was notified of her commander’s intent to
impose nonjudicial punishment upon her for the following: on or about
8 May 1987, the applicant without authority, failed to go at the time
prescribed to her appointed place of duty.
On 9 January 1989, after consulting with counsel, applicant waived her
right to a trial by court-martial, requested a personal appearance and
did not submit a written presentation.
On 9 January 1989, she was found guilty by her commander who imposed
the following punishment: reduction to the grade of airman, suspended
until 8 July 1989 at which time it would be remitted without further
action unless sooner vacated, and 14 days’ extra duty.
The applicant’s commander notified her on 6 July 1989, that he was not
recommending her for promotion because she received an Article 15
dated 9 January 1989 for failure to go to her appointed place of duty
and a Unfavorable Information File (UIF) was established on 20
December 1988. The duration of the nonrecommendation was from 10 July
1989 to 9 December 1989.
The applicant requested and was approved for a voluntary separation
for pregnancy. The applicant was honorably discharged on 15 August
1989, in the grade of airman first class. She served three years, one
month and nine days of active service. She was given an RE code of 3B
which denotes first-term, second-term or career airman, with 13 months
or less before ETS who was ineligible to reenlist (tables 6-2, 6-3, or
6-4), whose ineligibility factor or condition has been resolved and is
now due for SRP consideration or reconsideration. Airmen are not
separated with this code.
On 19 September 1989, a DD Form 215 was issued correcting the RE code
to 2X which indicates a first-term, second-term, or career airman
considered but not selected reenlistment under the SRP.
Applicant's EPR profile reflects the following:
PERIOD ENDING OVERALL EVALUATION
30 May 88 8
*30 May 89 2 (NEW
SYSTEM)
*Referral Report
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states the applicant has not submitted any evidence nor
identified any errors or injustices that occurred in the processing of
her discharge. Based upon the documentation in the applicant’s
records, they believe her discharge was consistent with the procedural
and substantive requirements of the discharge regulations. Also, the
discharge was within the sound discretion of the discharge authority.
The applicant did not provide any facts to warrant upgrading her
discharge. Based on the information and evidence provided they
recommend the request be denied.
A complete copy of the Air Force evaluation is attached at Exhibit C.
HQ AFPC/DPPAE states the applicant was voluntary discharged under
honorable conditions with RE code 2X “First term, second-term, or
career airman considered but not selected for reenlistment under the
SRP.” Furthermore, the applicant has not provided evidence to support
that the commander’s action to deny reenlistment was inappropriate or
not in compliance with Air Force policy. Therefore, the 2X RE code
the applicant received is correct. DPPAE recommends the applicant’s
request be denied (Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluations and states she was
not aware of the RE code change until she enlisted in the Maryland
Army National Guard in 1997. She further states that she was not
denied reenlistment; she was not up for reenlistment status rather,
she was contemplating cross training into another career field at the
time of her three year mark. She was promoted to airman first class.
She spoke with the NCO of the medical group and informed him that she
could not cross train and would be separating voluntarily for
pregnancy. Her son was born with a medical condition that required
extensive medical care for the first three years of his life. She
decided to put her desire to continue her service under the Reserve on
hold. To her knowledge, she spoke with her commander and was not
denied reenlistment or promotion. In support of her request she
submitted a character letter from retired Major General P. (Exhibit
F).
_________________________________________________________________
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 error or injustice. The applicant apparently
requested and was approved for a voluntary separation for pregnancy.
However, after separating, she received a DD Form 215 indicating that
her reenlistment eligibility (RE) code had been changed to one
indicating that she had been considered and not selected for
reenlistment under the Selective Reenlistment Program. We note that
the applicant received a referral performance report for marginal
duty performance and was nonrecommended for promotion. Nevertheless,
the narrative reason for her discharge reflects pregnancy and we
believe the records should reflect an RE code which is more
reflective of her service. Additionally, we note her apparent desire
to serve in the armed services. Therefore, we believe the records
should be changed thereby affording her the opportunity to apply for
a waiver to enlist in the armed forces. 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 the Air Force or any branch of the service. In view of the
foregoing, we recommend her 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 at the time of her
discharge on 15 August 1989, she was issued a Reenlistment Eligibility
Code (RE) of “4E.”
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number 02-
02857 in Executive Session on 25 February 2003, under the provisions
of AFI 36-2603:
Mr. Gregory Petkoff, Panel Chair
Mr. Billy C. Baxter, Member
Ms. Dorothy P. Loeb, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Aug 02, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 27 Sep 02.
Exhibit D. Letter, HQ AFPC/DPPAE, dated 3 Jan 03.
Exhibit E. Letter, SAF/MRBR, dated 17 Jan 03.
Exhibit F. Applicant’s Response, dated 6 Feb 02 (sic).
GREGORY PETKOFF
Panel Chair
AFBCMR 02-02857
INDEX CODE: 110.00
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, SSN, be corrected to show that at the
time of her discharge on 15 August 1989, she was issued a
Reenlistment Eligibility Code (RE) of “4E.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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