RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01211
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code 2Y (a second term or  career
airman who has been denied appointment to NCO status,  or  has  had
NCO status vacated) be changed to a code which will permit  him  to
reenlist in the Air Force Reserve or Air National Guard.

___________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his separation he was told there  would  be  nothing
barring him from further military duty.  After his  separation  his
DD Form 214, Certificate of Release or Discharge from Active  Duty,
was reissued without his  knowledge  preventing  him  from  further
military service.  Had he known of this, he  would  have  continued
his enlistment in the Air Force.

He states  he  has  attended  college  and  received  a  degree  in
Information Systems  and  is  currently  working  on  his  Master’s
degree.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 17  Apr  86  in  the
grade of airman basic for a  period  of  6  years.   He  served  on
continuous active duty until his voluntary discharge on 15 Jul  91.
His highest grade held was staff sergeant.

A  resume  of  applicant’s  enlisted  performance  reports   (EPRs)
follows:

            PERIOD CLOSING              OVERALL EVALUATION

                  16  Apr  87                                     9
(APR)
                 16 Apr 88                                    9
                 16 Apr 89                                    9
                  31  Mar  90                                     5
(EPR)
                 31 Mar 91                                    3

On 28 Feb 91, he received an Article 15 for being  drunk  while  on
duty.  His punishment consisted of reduction in grade to  sergeant,
forfeiture of $561  per  month  for  two  months  and  30  days  of
correctional custody.

On 6 Mar 91, his NCO status was vacated due to  his  not  accepting
his NCO  responsibilities  and  not  providing  leadership  to  his
subordinates.  The commander noted that he had developed a negative
and belligerent attitude which made him unreliable and  ineffective
as an NCO.  The applicant did not appeal  this  decision.   He  was
reduced to the grade of senior airman with an  effective  date  and
date of rank of 28 Feb 91.

On 12 Apr 91, applicant  was  permanently  withdrawn  from  weapons
bearing  authority  and  permanently  decertified  from   Personnel
Reliability Program (PRP) duties.

On 8 May 91, he applied for voluntary separation for  miscellaneous
reasons.  His request was based on his  decertification  from  PRP,
restriction  from  bearing  firearms  and  the  withdrawal  of  his
security forces AFSC.  This prohibited him from  performing  duties
in his guaranteed career field and he did not desire  to  serve  in
another field.

On 15 Jul 91, he was honorably discharged under the  provisions  of
AFR 39-10.  He was credited with 5 years, 2 months, and 29 days  of
active duty.

The initial DD Form 214 issued in conjunction with the  applicant’s
15 Jul 91 separation reflected the narrative reason for  separation
as “Return from overseas within  30  days  of  expiration  term  of
service,” with separation code “K14,” and  RE  Code  4D  (Grade  is
senior airman and member has completed at least nine years of total
active service and had not yet been selected for  staff  sergeant).
The DD Form 214 was  administratively  corrected  and  reissued  on
27 Aug 91, changing the reason for separation to “Vol-Miscellaneous
Reasons,” with separation code “KND,” and RE Code 2H (Participating
in Track 4 or 5 of the Substance Abuse Reorientation and  Treatment
(SART) program for alcohol).

On 8 Sep 94,  the  Board  considered  and  denied  the  applicant’s
request to change his RE code.

On  25  Jun  03,  applicant’s  DD Form  214  was   administratively
corrected to reflect RE code “2Y” in Item 27, rather than “2H.”

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS found that the separation code and  narrative  reason
for separation were correct.  Additionally,  they  noted  that  the
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing,  nor  did  he
provide  any  facts  warranting  a   change   in   his   discharge.
Accordingly, they recommended his records remain the same.

A complete copy of the Air Force 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 11 Jul 03 for review and comment 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 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.   We  find  no
evidence to indicate that the applicant’s voluntary separation from
the Air Force  was  inappropriate  or  contrary  to  the  governing
regulations.  At the time a member is separated from the Air Force,
he/she is furnished an RE  code  predicated  upon  the  quality  of
his/her service and the circumstances surrounding  the  separation.
The assigned code  reflects  the  Air  Force’s  position  regarding
whether or not, or under what circumstances, the individual  should
be allowed to reenlist.   Applicant’s  RE  code  of  2Y  accurately
reflects that he was a career airman  whose  NCO  status  had  been
vacated.   After  reviewing  the  evidence  of  record,   and   the
documentation submitted in support of the  applicant’s  appeal,  we
find no evidence that the assigned RE Code is in error  or  unjust.
Additionally, we note the  applicant  has  failed  to  provide  any
documentation relating to his activities since leaving the service.
 In view of the foregoing, and 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  Number
BC-2003-01211 in Executive Session on 8  October  2003,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha Maust, Member
      Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Mar 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 1 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Jul 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair