RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00339
            INDEX NUMBER:  110.00
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) Code of “2P,” “Separated  under  AFR
39-10 as marginal performer or to preserve good order and discipline…”
indicated in block 10 on her DD Form 214 be changed to one  that  will
allow her reentry into military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Although her RE code was probably correct at the time of her discharge
in 1979, a “2P” RE code under today’s regulations indicates  that  she
was absent without leave (AWOL),  which  is  not  true  in  her  case.
Because of the current meaning of “2P,” she encountered problems  when
she tried to enlist in the Air National Guard.  They will  not  accept
her application unless the code is changed and corrected.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 12 May 78 for a  period
of four years.

On 9 Jul 79, the applicant’s squadron commander notified her  that  he
was initiating action to discharge her from the Air Force for marginal
performance under the provisions of AFR 39-10.  The  specific  reasons
for the commander’s action were the applicant’s failure to progress in
upgrade training and  adapt  to  military  life.   The  applicant  was
advised that if she desired to be retained in the Air Force, she could
submit a statement in support of her desire.  In her  acknowledgement,
the applicant elected not to request retention in the Air  Force,  not
to submit a statement, and not to request legal counsel.   On  11  Jul
79, the  applicant’s  squadron  commander  recommended  to  the  group
commander that the applicant be discharged from the  Air  Force  under
the provisions of AFR 39-10 for marginal performance.  On 18  Jul  79,
the group commander directed that the applicant be discharged from the
Air Force and  furnished  an  Honorable  Discharge  certificate.   The
applicant was discharged from the Air Force  on  20  Jul  79  with  an
honorable discharge, and was issued an  RE  code  of  “2P.”   She  was
credited with 1 year, 8 months, and 6 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial  of  the  applicant’s  request.    They
evaluated  the  applicant’s  discharge  processing.   Based   on   the
documentation in  the  applicant’s  records,  they  believe  that  the
applicant’s  discharge  was  consistent  with   the   procedural   and
substantive requirements of the discharge regulation.   The  applicant
did not submit any new evidence or identify any errors  or  injustices
that incurred in the discharge proceedings.

The complete evaluation is at Exhibit C.

AFPC/DPPAE  recommends  denial  of  the  applicant’s   request.    The
applicant received the correct RE code that was in effect at the  time
of her discharge.  Under current provisions, AFI-36-2606, Reenlistment
in the Air Force, a “2P” RE code is used to identify personnel “absent
without leave; deserter or dropped from rolls.”  However, there is  no
need to change her RE Code, because it  was  properly  assessed  under
current provisions at the time.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
4 Apr 03 for her 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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice regarding the applicant’s  request
to be issued an RE code that will  allow  her  reentry  into  military
service.  While we agree with the applicant’s assertion that the  “2P”
RE code she was issued in 1979 could be  misinterpreted  in  light  of
current RE codes in use, an RE code in the “2” series was intended  to
preclude an individual’s return to military service.  We note that the
applicant  was  discharged  from   the   Air   Force   for   “marginal
performance.”  The applicant has not provided sufficient evidence that
she should have received an RE code that would allow her reentry  into
military service.  Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no  compelling  basis  to  recommend  granting  this
portion of the relief sought in this application.

4.  As noted above, we do find that the applicant’s RE  code  of  “2P”
could be misinterpreted in light of current RE  codes  in  use.   This
could lead to situations where the nature of the  applicant’s  service
is unfairly assessed.  As such, we believe that the  applicant  should
be issued an RE code that removes such a  possibility,  yet  preserves
the bar on her reentry into the Air Force.  We believe that  the  most
appropriate RE code for the applicant at the  time  of  her  discharge
would be “2X,”  “Considered  but  not  selected  under  the  Selective
Reenlistment  Program.”   We  note  that  under  current   Air   Force
instructions, “2X” has the same meaning.  Therefore, we recommend that
the applicant’s records be corrected as 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 20 July 1979, she was issued a  Reenlistment  Eligibility
(RE) code of “2X.”
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00339 in Executive Session on 21 May 2003, under the provisions of AFI
36-2603:

      Mr. Thomas J. Topolski, Panel Chair
      Ms. Marilyn Thomas, Member
      Ms. Ann-Cecile McDermott, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 24 Jan 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPRS, dated 26 Feb 03.
     Exhibit D.  Memorandum, AFPC/DPPAE, dated 27 Mar 03.
     Exhibit E.  Letter, SAF/MRBR, dated 4 Apr 03.




                                   THOMAS J. TOPOLSKI
                                   Panel Chair

AFBCMR BC-2003-00339


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 XXXXXXXXXXXX, 264-35-1892, be corrected to show that
at the time of her discharge on 20 July 1979, she was issued a
Reenlistment Eligibility (RE) code of “2X.”




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency