RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02941,
                                            Case 2
                 XXXXXXXXXX  INDEX CODE:  110.00
                       COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation Code and his  reenlistment  eligibility  (RE)  code  be
changed so he can enlist the Air Force Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his time in  the  Air  Force  he  was  unable  to  fulfill  his
obligations due to multiple family problems.  He has been in the Naval
Reserves since 16 August 2000 and has been  working  for  the  Arizona
Department of Corrections.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 21 February 1991, the applicant enlisted in the Regular  Air  Force
as an airman basic for a period of four years.

On 7 July 1992, the applicant was notified of his  commander’s  intent
to initiate discharge action against him for failure to progress in on-
the-job  training  (OJT).   The  commander  recommended  an  honorable
discharge.  The reasons for the discharge action were:

      a.  On 10 February 1992, the applicant prepared several  meals
in which he shorted the  customers  two  items.   He  then  prepared
another order in which the crew was shorted several items.  For this
lack of attention to detail he received a Letter of Reprimand on  11
February 1992.

      b.  The applicant on 16 March 1992, failed his  first  End  of
Course (EOC) test with a 46 percent score and on 21 April 1992,
the applicant failed his second End of Course test with a 58 percent
score (65 percent was needed for a passing score).  By  failing  his
EOC test twice, he was unsatisfactorily  performing  his  duties  in
that he was failing to progress in OJT.

      c.  On 20 May 1992, the applicant was derelict in  his  duties
when he jeopardized the delivery of flight meals  by  bagging  20-25
meals to a bag instead of 10 meals to a bag.  On 26  May  1992,  the
applicant failed to fill out and  complete  the  NAB  Form  211  and
failed to restock the kitchen with chef salads after his shift.   On
27 May 1992, the applicant missed a Flight Kitchen  meeting  and  an
appointment with the superintendent.  The applicant after calling in
sick and saying he could not make the appointments showed up at  the
Inflight Kitchen 90 minutes later in Honor Guard attire.   For  this
misconduct the  applicant  received an LOR on 29 May 1992.

The commander advised  applicant  of  his  right  to  consult  legal
counsel and that military legal counsel had been obtained  for  him;
and to submit statements in his  own  behalf;  or  waive  the  above
rights after consulting with counsel.

On 7 July 1992, after consulting with counsel, applicant waived  his
right to submit a statement.

A legal review was conducted on 10 July 19920 in which the staff judge
advocate recommended the applicant be  discharged  with  an  honorable
discharge without probation and rehabilitation.

On 14 July 1992, the discharge authority approved the discharge.

Applicant was discharged on 15 July 1992, in  the  grade  of  airman
first class with an honorable discharge, in accordance with AFR  39-
10 (Unsatisfactory Performance).  He served a total  of  1  year,  4
months and 25 days of active service.

In an application dated 27 June 1995,  the  applicant  requested  to
have his RE code changed.   The  Board  considered  and  denied  his
request to change his RE code on 9 February 1996.

_________________________________________________________________

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
his discharge.  Based upon the documentation in the applicant's  file,
they believe his discharge was  consistent  with  the  procedural  and
substantive requirements of the discharge regulations  of  that  time.
Also, the discharge was within the sound discretion of  the  discharge
authority.  Therefore, based on
the information and evidence provided they recommend  the  applicant's
request be denied (Exhibit C).

HQ AFPC/DPPAE states the applicant’s reenlistment eligibility code  of
"2C,"  indicating  the  member  was  “Involuntary  separated  with  an
honorable   discharge;   or    entry    level    separation    without
characterization of service” is correct (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
10 January 2003, for  review  and  response.   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 of timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice warranting  partial  relief.   The
applicant is requesting his separation and  RE  codes  be  changed  to
allow him to enlist in the  Air  Force  Reserve.   We  note  that  the
separation program designator (SPD) code issued to  the  applicant  at
the time of his separation  was  apparently  in  accordance  with  the
applicable regulations of that time.  In this respect,  the  SPD  code
“JHJ” was the proper code to identify the  applicant’s  unsatisfactory
performance  in  the  on-the-job  training  and  corresponds  to   the
narrative reasons for  separation.   Therefore,  the  Board  finds  no
compelling basis to warrant changing the  applicant’s  SPD  code.   As
regards the RE code, we noted that while the RE code assigned  to  the
applicant at the time he was discharged was technically correct and in
accordance with the governing regulation, the Board majority  believes
it would be an injustice for the applicant to continue to  suffer  its
effects.  The applicant stated during his time in the Air Force he was
unable to fulfill his obligation  due  to  multiple  family  problems.
Since that time the applicant has worked for the Arizona Department of
Corrections and has served successfully in  the  Naval  Reserve.   The
Board majority, therefore, believes the applicant should  be  afforded
the opportunity to apply for a waiver to enlist in the armed services.
 Whether or not he is successful will  depend  on  the  needs  of  the
service and the Board majority’s recommendation in no  way  guarantees
that he will be allowed to return to the Air
Force or any branch of the service.  In view  of  the  foregoing,  the
Board majority recommends the applicant’s code be changed to “3K.”

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The applicant pertinent military records of the Department of the  Air
Force relating to the APPLICANT be corrected to show that at the  time
of his discharge on  15  July  1992,  he  was  issued  a  Reenlistment
Eligibility Code (RE) of “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2002-02941 in Executive Session on 25 February 2003 and 31 March  2003
under the provisions of AFI 36-2603:

                       Mr. Gregory Petkoff, Panel Chair
                       Mr. Billy C. Baxter, Member
                       Ms. Dorothy P. Loeb

By majority vote, the Board recommended granting the application.  Mr.
Baxter voted to deny correcting the records but he does not desire  to
submit a Minority Report.   The  following  documentary  evidence  was
considered:

   Exhibit A.  DD Form 149, dated 11 Sep 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 8 Oct 02.
   Exhibit D.  Letter, AFPC/DPPAE, dated 27 Dec 02.
   Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.
   Exhibit F.  Letter, AFBCMR, dated 7 Mar 03.
   Exhibit G.  Letter, Applicant’s Response.




                                        GREGORY PETKOFF
                                        Panel Chair







AFBCMR BC-2002-02941
INDEX CODE:  110.00




MEMORNDUM 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
his discharge on 15 July 1992, he was issued a Reenlistment Eligibility
Code (RE) of “3K.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency