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AF | BCMR | CY2003 | BC-2003-01027
Original file (BC-2003-01027.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  03-01027
            INDEX CODE:  100.03
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of  2X  (First-term,  second-term  or
career airman considered but not selected for reenlistment  under  the  SRP)
be changed to allow reenlistment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he asked his commander to deny him reenlistment, he was asked  to  sign
a letter stating that he would not try to  reenlist.  He  did  not  want  to
close his option for future reenlistments.  He  was  told  by  a  supervisor
that  this  letter  was  the  only  way  for  his  commander  to  deny   him
reenlistment.  He was not a disciplinary problem or a troubled  airman.   He
feels that he was and can continue to be an asset to the United  States  Air
Force.  Other than  very  minor  incidents  he  was  an  outstanding  airman
obtaining 5s on  both  EPRs  during  his  enlistment.   Since  he  made  the
personal decision to separate in 1999, he has matured a great  deal.   Since
being in the civilian sector, he has obtained  a  greater  respect  for  the
military code of  professionalism  and  ethics.   A  love  for  country  and
sacrifice for others are primary reasons for his initial enlistment and  are
still reasons today that guide his decision to reenlist.

In support of his request, applicant provides a personal  statement,  and  a
copy of a memorandum to  his  commander  regarding  his  career  development
course waiver.  The applicant’s complete submission,  with  attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  30  August  1995.   He  was
progressively promoted to the grade of senior airman,  having  assumed  that
grade effective and with a date of rank of 30 August 1998.  He received  two
Enlisted Performance Reports (EPR) closing 29 April 1997 and 29 April  1998,
in which the overall ratings were 5.

On 16  October  1998,  applicant’s  supervisor  prepared  an  AF  Form  418,
Selective Reenlistment/Noncommissioned  Officer  Status  Consideration,  and
recommended that he not be selected for reenlistment.  The  specific  reason
for his action was that the applicant  failed  to  maintain  a  skill  level
commensurate with his grade.  He did not pass his career development  course
(2S051A) on two occasions and did not apply for or accept  a  5-skill  level
waiver.  On this same date, applicant’s unit commander  concurred  with  the
recommendation and rendered him ineligible for reenlistment.

Applicant was honorably discharged on 29 August 1999, after serving 4  years
on active duty.  An  RE  code  2X  (First-term  airman  considered  but  not
selected for reenlistment under the SRP) was given.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be  denied.   DPPAE  states  that  the
applicant failed to obtain the required skill level  upgrade.   He  did  not
meet Air Force training standards.   AF  Form  418,  Selective  Reenlistment
Program Consideration, dated 16 October 1998, his commander did  not  select
him for reenlistment.  The DPPAE evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant disagrees with the evaluation and states  that  he  showed  severe
determination to prove to himself, his chain-of-command and  the  Air  Force
that he intended to remain  on  active  duty  and  reenlist.   Prior  to  16
October 1998, his denial of reenlistment, he made  a  decision  and  advised
his commander via a letter to cease the waiver package for his  skill  level
upgrade.  He made this decision based on  his  feeling  that  civilian  life
would be better for  him  and  because  there  were  numerous  documentation
errors in his training records.  He takes full responsibility for  the  test
failure.  He understands that he did not meet training expectations  but  he
was an exceptional airman as reflected in his Enlisted Performance  Reports.
 His performance and capability proved to his chain-of-command that  he  was
an airman capable of increased duty responsibility.  He was given  increased
duty responsibility after his CDC test failure.  He understands that  if  he
is allowed to reenlist, he will have to obtain  the  necessary  skill  level
upgrade and will have to adapt to the changes within the Air Force.

Applicant’s letter, with attachments, 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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  After reviewing the applicant’s  submission,  we
are of the opinion that the applicant has provided  sufficient  evidence  to
lead us to conclude that in the few years following his separation,  he  has
made a successful adjustment to  civilian  life.   While  it  is  true  that
during his enlistment he  failed  to  progress  in  his  career  development
course, his on-the-job training records indicate he  showed  initiative  and
did progress in his training modules.  His record does not indicate  he  was
a disciplinary problem,  to  the  contrary,  the  two  Enlisted  Performance
Reports he received during his enlistment were  “5”  ratings,  demonstrating
he  was  an  above  average  performer.   In  view  of  this  fact  and   in
consideration of the applicant’s apparent immaturity  at  the  time  of  his
enlistment, we believe he should be  given  the  opportunity  to  apply  for
enlistment by changing his RE code to “3K”, a waiverable code.   An  RE  “3”
series code will permit him to apply for  enlistment  and,  should  he  have
desirable skills and be otherwise medically  qualified,  the  United  States
Air Force may elect to waive his ineligibility  and  allow  him  to  enlist.
The applicant  should  understand  that  this  RE  code  change  in  no  way
obligates the Air Force or any of the  other  Services  to  accept  him  for
enlistment.  Therefore, we recommend his records 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 at the time of his discharge  on  29
August 1999, he was issued a Reenlistment  Eligibility  (RE)  code  of  “3K”
rather than “2X.”

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 23 July 2003, under the provisions of AFI 36-2603:

            Mr. Robert S. Boyd, Panel Chair
            Mr. Laurence M. Groner, Member
            Mr. Mike Novel, Member

All members voted to correct  the  record  as  recommended.   The  following
documentary evidence was considered for AFBCMR Docket Number 03-01027:

    Exhibit A.  DD Form 149, dated 21 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 28 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jun 03.
    Exhibit E.  Letter, Applicant, dated 30 Jun 03 w/atchs.





                                   ROBERT S. BOYD
                                   Panel Chair
AFBCMR BC-2003-01027




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 xxxxxxxxxxxxx, be corrected to show that at the time of his
discharge on 29 August 1999, he was issued a Reenlistment Eligibility
(RE) code of “3K” rather than “2X.”






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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