RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03340
            INDEX NUMBER:  100.00
      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX            HEARING DESIRED:  No

______________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from 2X,  “First  Term,
Second  Term,  or  career  airman  considered  but   not   selected   for
reenlistment under the Selective Reenlistment Program (SRP),” to one that
will allow his reentry into the Air Force or other service.

______________________________________________________________

APPLICANT CONTENDS THAT:

He is not sure why he received an RE code of 2X.  He received an  Article
15 12-months prior to his separation.  However, he was  given  separation
pay in the amount of $8,653.54.  He was promoted to staff sergeant  (E-5)
in Jan 99, just two  and  one-half  months  before  his  separation.   He
received the “Commander’s Award” for his service on the F.E.  Warren  AFB
Honor Guard for 1999.  There was no indication by his commander  that  he
would not have been allowed to reenlist in Mar 99.  In  fact,  he  states
that his first sergeant at the time asked him to stay in the Air Force.

In support of his request, applicant provides copies of his DD Form  214,
his  last  two  Enlisted  Performance  Reports  (EPRs),  a  copy   of   a
recommendation  for  his  selection  for  reenlistment  signed   by   his
supervisor, and a copy  of  a  decoration  he  received  for  outstanding
achievement during the month of his separation.

The applicant’s complete submission, with attachments, is at Exhibit A.

______________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 2 Aug 90.  A resume
of the eight EPRs rendered on him follows:
      Closeout Date                     Overall Rating

        1 Apr 92                        4
        1 Apr 93                        4
       18 Jan 94                        5
        2 Dec 94                        3
        2 Dec 95                        4
       16 Oct 96                        5
       16 Oct 97                        4
       16 Oct 98                        5

In Oct 95, while in  the  grade  of  senior  airman,  the  applicant  was
punished under  Article  15  for  using  his  government-issued  American
Express card for unofficial purposes.  Punishment  consisted  of  a  six-
month suspended reduction to airman first class, a reprimand, and 45 days
of extra duty.  The applicant was denied award  of  the  Air  Force  Good
Conduct Medal for the period of 2 Aug 96 to  16  Sep  97.   According  to
available records the applicant was discharged from active duty on 23 Mar
99, upon completion of active service.  His separation  code  was  “JBK,”
completion of required service; he was issued RE Code  2X;  and  received
one-half separation pay.

Additional facts relevant  to  this  application  are  contained  in  the
evaluation prepared by the appropriate office of the Air Force  found  at
Exhibit C.

______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends  that  the  applicant’s  request  be  denied.   The
applicant has not  provided  sufficient  evidence  that  the  commander’s
decision to deny him reenlistment was inappropriate or not in  compliance
with Air Force policy.

The complete evaluation is at Exhibit C.

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on  31
Jan 03 for review and comment within 30 days.  To date,  a  response  has
not been received.

______________________________________________________________

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.  After reviewing the available evidence of record the majority of  the
Board does not find sufficient evidence of error or injustice.  While the
applicant has an overall good record of performance, it is marred by  the
disciplinary  actions  taken  against  him  during  his  career  and  the
commander’s decision to deny him the Good Conduct Medal.   The  applicant
indicates that he was promoted to SSgt just two and one-half months prior
to his separation.  However, his official records indicate  that  he  was
promoted to SSgt on 1 Jan 98, more than 14 months prior.   The  applicant
has provided a copy of his recommendation for reenlistment signed by  his
supervisor.  However, it  is  dated  3  Apr  97,  and  falls  within  the
timeframe that he was denied the Good  Conduct  Medal.   The  commander’s
action on the recommendation is not indicated in the records.  While  the
applicant’s record would have supported his selection  for  reenlistment,
it  would  also  have  supported  his  nonselection.   Additionally,  the
applicant  received  separation  pay  due   to   his   nonselection   for
reenlistment and, consequently, involuntary discharge.  The  majority  of
the Board questions why, if the applicant was concerned  about  remaining
in the service or returning at a later date, he did not make an effort to
determine why he was given the “2X” RE code from his  chain  of  command.
Based upon the presumption of regularity in the conduct  of  governmental
affairs and without evidence to the contrary, the majority of  the  Board
assumes that the applicant's nonselection for reenlistment was proper and
in compliance with appropriate directives.  Therefore, the Board majority
finds no compelling basis to recommend granting the relief requested.

______________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice
and recommends the application be denied.

______________________________________________________________

The following members of the Board considered Docket Number BC-2002-03340
in Executive Session on 15 April 2003, under the provisions  of  AFI  36-
2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. David W. Mulgrew, Member
      Ms. Kathleen F. Graham, Member

By a majority vote, the Board voted to  deny  applicant’s  request.   Mr.
Boyd voted to grant the applicant’s request but did not desire to  submit
a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 Sep 03, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Memorandum, AFPC/DPPAE, dated 13 Jan 03.
   Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.




                                   ROBERT S. BOYD
                                   Panel Chair

MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                       FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXX, XXX-XX-XXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency