RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02872
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  Yes, if necessary

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to “1R.”

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He believes  the  RE  code  he  received  is  unjust  because  his  Enlisted
Performance Reports (EPRs) rated him as an  example  of  military  standards
and conduct on and off duty.  During his enlistment, he performed  tasks  on
his own time for the Air Force.  While at Prince Sultan Air Base, he  worked
12 to 14 hour days for two weeks at the Defense Reutilization and  Marketing
Services International sale and received a Letter of Evaluation  (LOE)  from
his supervisor recommending  he  be  promoted  immediately.  His  supervisor
never indicated that he was not going to be promoted or given the option  to
reenlist.  He was never informed of any areas that he needed improvement  in
on or off duty.   All  his  EPRs  after  he  received  an  Article  15  show
continuous  improvement  in  all  areas.   His   performance   reports   are
misleading to the actions that took place at  the  end  of  his  enlistment.
Therefore, he requests his RE code be changed from 2X to a  1R  so  that  he
can have the option to serve in the Air Force again.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26  January  1995  for  a
period of four years.

On 9 August 1996, the applicant received an Article 15 for on  or  about  31
July 1996, wrongfully in an indecent manner to the public view  exposed  his
penis and urinated in public.  For this
misconduct, his punishment consisted of $150.00 per  month  for  two  months
and reduction to the grade of airman.  The  reduction  was  suspended  until
12 February 1997, after which time it  would  be  remitted  without  further
action  or  unless  sooner  vacated.   The  Article  15  was  filed  in  his
Unfavorable Information File (UIF).  The applicant did not appeal.

On  25  November  1997,  the  applicant  received  a  nonrecommendation  for
reenlistment  based  on  his  UIF  and  Personnel  Information  File.    The
applicant’s commander concurred  in  the  nonrecommendation  for  enlistment
based on the applicant receiving:

            a.  A Letter of Reprimand (LOR) in Technical School for:

                 1.  Violation of Article 92 (out of room after  curfew  and
drinking under age).

                  2.  Article   117   (provoking   speeches   or   gestures)
communicating a threat to a fellow airman.

                 3.  UIF established.

            b.  The applicant received an  Article  15  for  wrongfully  and
willfully exposing his penis while urinating in public, as  well  as,  drunk
and disorderly (action filed in UIF which expired 12 August 1998).

            c.  The applicant received three traffic tickets (October  1995-
two points, May 1996-four points and October 1996-zero points.

The commander further noted the applicant’s  overall  bearing  and  behavior
warranted concern on his ability to function as a productive member  in  the
Air Force and his actions were prejudicial to  good  order  and  discipline.
The commander considered the applicant’s future potential  as  negative  and
believed it to be in the best interest of the Air  Force  if  the  applicant
did not reenlist.

On 25 January 1999, the applicant was discharged  under  the  provisions  of
AFI 36-3208 and issued an honorable discharge  for  completion  of  required
active service.  He received an RE code of 2X, which denotes  the  applicant
was a first-term, second-term, or career airman considered but not  selected
for reenlistment under the Selective Reenlistment Program.  He  served  four
years of active service.

EXAMINER'S NOTE: Applicant does not contest the accuracy of the RE code  and
after reviewing the applicable instruction, AFI 36-2606, it appears  the  RE
code is correct.

_________________________________________________________________

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 waive the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice warranting partial  relief.   While  the  RE
code assigned to the applicant, at the time, was technically correct and  in
accordance with the governing  AFI,  the  Board  believes  it  would  be  an
injustice for  the  applicant  to  continue  to  suffer  its  effects.   The
applicant alleges prior to his nonselection  for  reenlistment  he  was  not
counseled on what areas he may have  needed  improvement  in.   He  believed
based on the improved markings on his EPR that he was  performing  well  and
was not  in  any  danger  of  being  denied  the  opportunity  to  reenlist.
Furthermore, it appears the applicant has made a  successful  transition  to
civilian life.  Therefore, the Board believes that  he  should  be  afforded
the opportunity to apply for a waiver  to  enlist  in  the  armed  services.
Whether or not he is successful will depend on the needs of the service  and
our recommendation in no way guarantees that he will be  allowed  to  return
to the Air Force or any branch of the service.  Therefore, we recommend  his
reenlistment code be changed to “3K.”

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The applicant pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that  at  the  time  of  his
discharge on 25 January 1999, he was issued a Reenlistment Eligibility Code
(RE) of “3K.”

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-02872
in Executive Session on 18 December 2003, under the provisions  of  AFI  36-
2603:

                       Ms. Carolyn J. Watkins-Taylor, Panel Chair
                       Mr. Roscoe Hinton, Jr., Member
                       Ms. Martha J. Evans, Member

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

    Exhibit A.  DD Form 149, dated 18 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.




                                   CAROLYN J. WATKINS-TAYLOR
                                   Panel Chair






AFBCMR BC-2003-02872
INDEX CODE:  110.00




MEMORNDUM 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               , be corrected to show that at the time of his
discharge on 25 January 1999, he was issued a Reenlistment Eligibility Code
(RE) of “3K.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency