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AF | BCMR | CY2003 | BC-2002-03330
Original file (BC-2002-03330.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03330
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code should be changed because he has an honorable discharge.

The applicant provided no evidence in support of his appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted  in  the  Regular  Air  Force  on  26  March  1998.
Following his completion  of  training,  he  received  three  Enlisted
Performance Reports (EPRs) closing 15 October 1999,  15  October  2000
and 15 October 2001, in which, the Promotion Recommendations were 2, 1
and 3.  The first two reports were referral  reports.   The  applicant
declined to rebut the 1999 report but did submit rebuttal comments  to
the 2000 EPR.

On 8 August 2001, the applicant’s supervisor  nonrecommended  him  for
reenlistment  because   of   the   applicant’s   unsatisfactory   duty
performance and “misconduct on/off duty.”  The commander concurred and
nonselected the applicant for  reenlistment  on  8 August  2001.   The
applicant was  notified  of  his  nonselection  for  reenlistment  and
elected not to appeal this action.

On 16 March 2002, the applicant was  honorably  released  from  active
duty in the grade of A1C (E-3) under the  provisions  of  AFI  36-3208
(Completion of Required Active Service) and  transferred  to  the  Air
Force Reserve.  He was assigned a reenlistment eligibility  (RE)  code
of 2X (First term airman considered but not selected under  SRP).   He
served a total of 3 years, 11 months  and  21  days  of  total  active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE states that the applicant has not satisfactorily  indicated
the commander’s action to deny reenlistment was inappropriate  or  not
in compliance with Air Force policy.  Based on the review of his  case
file, his RE code 2X is correct.  Therefore, they recommend denial  of
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 January 2003, a copy of the Air Force evaluation was forwarded to
the applicant for review and response 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  The applicant  believes  his  RE
code is incorrect because he was honorably discharged.   However,  the
code he received had its basis in his nonselection  for  reenlistment.
The  reasons  the  applicant’s  supervisor  nonrecommended   and   his
commander nonselected him for reenlistment are clearly  shown  in  the
record.  The applicant has provided no evidence that the reasons cited
for his nonselection are erroneous or that his  commander  abused  his
discretionary authority.  We therefore  agree  with  the  opinion  and
recommendation of the Air Force and adopt their rationale as the basis
for the conclusion that the applicant has not been the  victim  of  an
error or injustice.  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  No.  02-
03330 in Executive Session on 5 February 2003, under the provisions of
AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Mr. Thomas J. Topolski, Jr., Member
                       Mr. Steven A. Shaw, Member

The following documentary evidence was considered:


      Exhibit A. DD Form 149, dated 9 Oct 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPAE, dated 24 Dec 02.
      Exhibit D. Letter, AFBCMR, dated 3 Jan 03.




                             ROSCOE HINTON, JR.
                             Panel Chair



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