RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03246

            COUNSEL:  TOM HOLLAND, DVA

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her reenlistment code  is  unjust  due  to  the  fact  that  the  Air  Force
Discharge Review Board  (AFDRB)  has  changed  her  discharge  to  honorable
instead of general.

In support of her request, applicant provided a copy of  the  Correction  of
Military Records directed by the Air Force Discharge Review  Board,  Reserve
Order, A-042,  dated  20  Nov  02,  Request  and  Authority  For  Change  of
Administrative Order, dated 21 Nov 02, Reserve Order, A-158,  dated  19  Apr
01, relieving applicant from duty, and emails from ARPC/DPSZ and AFPC/MRBR.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in  the  Air  Force  Reserve  on  22  Jul  91.   She  was
progressively promoted to the grade of staff sergeant, having  assumed  that
grade effective and with a date of rank of 1 Nov 95.

On 26 Oct 00, the applicant was  notified  that  she  was  being  discharged
under the provisions of  AFI  36-3209,  Chapter  3,  para  3.21.2.4,  for  a
pattern of misconduct, failure to meet financial obligations.

On 19 Apr 01, Reserve Order A-158, discharged the  applicant  from  the  Air
Force Reserve effective 4 May  01  with  service  characterized  as  general
(under honorable  conditions)  and  a  reenlistment  eligibility  status  as
ineligible.

On 7 Feb 02, the Discharge Review Board  reviewed  the  applicant’s  request
and concluded that the applicant presented sufficient  evidence  to  justify
that an inequity or impropriety occurred.   The  applicant’s  discharge  was
upgraded to honorable and changed the basis of her discharge to  Secretarial
Authority.  The Discharge Review Board considered  but  declined  to  change
her RE code, vote 3 TO 2 to change (Exhibit B).

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPM reviewed applicant's request and stated that the  applicant’s  sole
justification in support of this request is  that  the  AFDRB  has  recently
directed that the characterization of her  discharge  from  the  service  be
changed from general to honorable. Characterization of  a  member’s  service
on  a  DD  Form  214  has  no  bearing   on   a   reenlistment   eligibility
determination. It is solely the duty of the member’s commander to  render  a
decision as to reenlistment eligibility status of an individual.   They  did
not see anywhere in the member’s paperwork where she refutes  the  paperwork
that accompanies any reenlistment recommendation, namely  an  AF  Form  418.
The commander has made  an  overt  statement  by  declaring  the  individual
ineligible to reenlist; therefore we recommend disapproval of  the  member’s
request.  However, if the decision is to  grant  the  relief  requested  the
record should be corrected to show the member is eligible to reenlist.

ARPC/DPM complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated that  her  reason
to change her reenlist eligibility is many and not  the  sole  justification
that Col Bowen suggests. If only the colonel had spoken to her, there  would
be a better understanding  and  the  letter  she  sent  would  not  seem  so
negative toward a person the colonel does not know.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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.   After  noting  the  findings  of  the
Discharge Review Board (DRB) and their decision to upgrade  the  applicant's
discharge to honorable, the majority of the Board  believes  she  should  be
provided another opportunity to serve in  the  military.   In  addition,  we
noted that the DRB voted 4 to 1 to change her RE code, but at that time  the
DRB policy was that it had to be an  unanimous  decision  to  change  an  RE
code.  In view of the above, the majority of the Board recommends  that  her
record 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 RESERVE ORDER  A-042,  issued  on  20
November 2002,be amended to read that she was separated with a  reenlistment
eligibility status of “ELIGIBLE.”

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-03246  in
Executive Session on 23 April 2003, under the provisions of AFI 36-2603:

            Mr. Charles E. Bennett, Panel Chair
            Mr. William H. Anderson, Jr., Member
            Mr. James W. Russell, III, Member

By a majority vote, the Board voted to correct the records  as  recommended.
Mr. Russell voted to deny the application and  did  not  wish  to  submit  a
Minority Report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPM, dated 21 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Feb 03.
    Exhibit E.  Applicant’s Response, undated.




                             CHARLES E. BENNETT
                                             Panel Chair
AFBCMR 02-03246



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, RESERVE ORDER A-042,
issued on 20 November 2002, be amended to read that she was separated with
a reenlistment eligibility status of “ELIGIBLE.”






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency