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AF | BCMR | CY2003 | BC-2003-00756
Original file (BC-2003-00756.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00756
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation code and reenlistment eligibility (RE) code be  changed
from 3C “First term airman not  yet  considered  under  the  Selective
Reenlistment Program (SRP)”  to  allow  him  to  join  the  Air  Force
Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

According to the governing regulation, his particular reentry code  is
not to be used to separate  airmen.   His  separation  code  indicates
separation due to dependent medical reasons which is incorrect.

Applicant did not submit any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 August  1986  for  a
period of 6 years.  During his period of service, he was progressively
promoted to the grade of  sergeant  (E-4)  and  received  four  Airman
Performance Reports in which the overall evaluations were 9s  and  one
Enlisted Performance Report with a promotion recommendation of 4.

The applicant’s file  does  not  contain  a  copy  of  a  request  for
separation prior  to  completion  of  his  term  of  enlistment.   The
applicant  was  honorably  separated  on  1 August  1990   under   the
provisions of AFR 39-10 (voluntary-miscellaneous reasons) with  an  RE
code  of  3C  and  a  separation  code  of  MND  (Voluntary   Release-
Miscellaneous Reasons).  His DD Form 214 indicates he  was  discharged
but his separation orders indicate he was released  from  active  duty
and transferred to the Air Force Reserve.  He had served 3  years,  11
months and 4 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that since there is no documentation in his  records
relating to  his  request  for  separation,  they  cannot  provide  an
advisory concerning the circumstances  leading  to  his  release  from
active duty.  However, the separation code and  narrative  reason  for
separation are correct on his DD Form 214.  They defer  to  DPPAES  to
determine the validity of the RE code.

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

AFPC/DPPAE states  that  they  recommend  denial  of  the  applicant’s
request.  His RE code  is  correct  and  was  properly  posed  to  his
records.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 May 2003, copies of the Air Force evaluations were forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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 with respect  to  the  applicant’s
request for a change to his  separation  code  and  a  change  to  his
reenlistment eligibility code allowing enlistment  without  a  waiver.
The applicant alleges that his separation code and  reentry  code  are
incorrect.  He is, in part, correct.   His RE code of 3C  should  have
been changed to another code at the time of his separation.   We  have
been advised that the correct RE code is  3A  (First-term  airman  who
separates before completing  36  months  (60  months  for  a  six-year
enlistee) on current enlistment and who  has  no  known  disqualifying
factors or ineligibility conditions except grade and skill  level  and
insufficient TAFMS).  We have been assured that administrative  action
will be taken to correct  the  applicant’s  RE  code.   Based  on  the
applicant’s circumstances, it appears that by such action, he will  be
afforded proper and fitting relief.  The  applicant  should  be  aware
that RE code 3A is a code that may  be  waived  for  a  prior  service
enlistment.  However, the decision as to whether or not  a  waiver  is
approved is based on the needs of the service to which he applies.  As
to the applicant’s separation code, it appears that the code, which is
directly related to the  reason  for  his  separation,  is,  in  fact,
correct.  The record indicates  that  the  applicant  was  voluntarily
separated for miscellaneous reasons and his separation code,  defined,
is “voluntary release--miscellaneous reasons.”  In view of the  above,
once the Air Force office of primary  responsibility  administratively
corrects the applicant’s RE code, there  is  no  indication  that  his
records are erroneous or unjust.  Accordingly, we are of  the  opinion
that relief in form of additional changes to his record on  the  basis
of this submission would be inappropriate.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice with  respect
to his separation code and a  3-series  reenlistment  code;  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 this application, AFBCMR
Docket No. BC-2003-00756, in Executive Session on 9 July  2003,  under
the provisions of AFI 36-2603:

                       Ms. Brenda L. Romine, Panel Chair
                       Mr. E. David Hoard, Member
                       Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 27 May 03, w/atch.
    Exhibit D.  Letter, AFPC/DPPAE, dated 20 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.




                                   BRENDA L. ROMINE
                                  Panel Chair

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