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AF | BCMR | CY2003 | BC-2003-01262
Original file (BC-2003-01262.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-01262

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from “2X” to  a  favorable
code that will allow his reentry into the Armed Forces.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since he received an honorable discharge and was awarded the Air Force  Good
Conduct Medal (AFGCM), he should be eligible for reenlistment.

The applicant states that although  he  received  an  Article  15  for  late
payment of his Deferred Payment Plan, the punishment  as  pertained  to  his
reduction in grade  was  suspended,  and  he  had  no  other  administrative
punishments.  At the time, he had an approved Career Job Reservation  (CJR);
however, after receiving the Article 15, it was taken away.

In support of the appeal, the  applicant  submits  his  personal  statement,
copies of his Enlisted Performance Report (EPRs)  and  performance  feedback
worksheets.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24  August  1994,  for  a
period of four years in the grade of  airman  first  class  (E-3).   He  was
progressively promoted to the grade of senior airman (E-4).

On 20 November 1997, his supervisor did not recommend him  for  reenlistment
under the Selective Reenlistment Program (SRP).   His  supervisor  indicated
that for the last year, the applicant had continuously failed  to  meet  Air
Force standards as indicated by the following:

      a.    A December  1996  letter  of  notice  of  impending  involuntary
collection action due to a 60-days delinquent DPP account.

      b.    Letters of Counseling (LOC), dated 20 March 1997, 13 and 28  May
1997, 23 July 1997, and 25 September 1997, for speeding on  base,  reporting
45 minutes late for work, failure to obey technical data while repairing  an
AIM-9  missile,  missing  a  scheduled  training  appointment,   and   again
reporting late for work by 10 minutes.

      c.    A Letter of Reprimand (LOR), dated 2 October 1997, for  sexually
harassing a dependent daughter of another military member, resulting in  the
established of an Unfavorable Information File (UIF) and  placement  on  the
Control Roster.

      d.    An Article 15 imposed on 17 November 1997, for failure to pay  a
debt, for again being notified of involuntary collection action due to a 60-
day delinquent DPP  account,  for  which  his  punishment  was  a  suspended
reduction to the grade of airman first class.

On 3 December 1997, the commander did not select him for reenlistment  under
the SRP.

He was honorably discharged on 23 August 1998, under the provisions  of  AFI
36-3208 (Completion of Required Active Service) and issued an RE Code of  2X
(First term, second term, or career airman considered but not  selected  for
reenlistment under the SRP).  He completed four years of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied and states,  in  part,  that
the RE code of “2X” is correct.  It identifies the fact that at the time  of
his discharge he was considered but not selected for reenlistment under  the
SRP.

The AFPC/DPPA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 3 July 2003 for review and response within 30 days.  However, 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.  The applicant  has  provided  no  evidence
showing that his assigned RE code is in error or contrary to the  prevailing
instruction.  It is clear that the decision to separate  the  applicant  was
proper based on his situation at the time.  The RE code which was issued  at
the time of his discharge  accurately  reflects  the  circumstances  of  his
separation, i.e., considered but not selected  for  reenlistment  under  the
SRP.  Accordingly, we do not find this code to be in error  or  unjust.   We
therefore conclude that no basis exists upon which  to  recommend  favorable
action on his request that it be changed.

_________________________________________________________________

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  Docket  Number  BC-2003-01262
in Executive Session on 23 September 2003, under the provisions of  AFI  36-
2603:

                       Mr. John L. Robuck, Panel Chair
                       Mr. James W. Russell, III, Member
                       Mr. Jay H. Jordon, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 27 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 03.




                                   JOHN L. ROBUCK
                                   Panel Chair

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