RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02137

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be returned to active duty.

His reenlistment eligibility (RE) code of 2X be changed to 1J.

His Enlisted Performance Report (EPR) rendered for the  period  17 Oct
01 through 16 Oct 02 be declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

A careful review of his past accomplishments will reveal that  he  had
flourished in the Air Force and were it not for a personality conflict
with one individual, he would have been able to complete  his  career.
He believes the actions taken against him indicate an overreaction  on
the part of his supervisor.

In support of his appeal, the applicant provided an expanded statement
and extracts from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant initially enlisted in the Regular Air Force on 16 Nov 83 for
a period of four years.  He was released from active duty on 13 Sep 89
and transferred to the Air Force Reserve, effective 14 Sep 89.  He was
honorably discharged from the Air Force Reserve on 16 Nov 89.

On 22 Feb 90 the applicant enlisted in the Air National Guard.  He was
honorably discharged from the Air National Guard on 28 Jan 99.

On 29 Jan 99, the applicant enlisted in the Regular Air  Force  for  a
period of four years in the grade  of  staff  sergeant.   He  received
three EPRs  in  which  he  received  overall  ratings  of  3,  4,  and
2 (Referral - Contest Report) (1-5 (Highest)).

An  AF  Form  418  (Selective  Reenlistment   Program   Consideration)
indicates that on 7 Nov 02, after  consideration  of  the  applicant’s
duty performance and lack of basic leadership skills,  his  supervisor
nonrecommended him for reenlistment.  On  19 Nov 02,  the  applicant’s
unit commander concurred with the supervisor and did  not  select  the
applicant for reenlistment.  He stated that throughout his enlistment,
the  applicant  had  demonstrated  substandard  duty  performance  and
leadership ability.

On 28 Feb 03, the applicant was discharged under the provisions of AFI
36-3208 (Completion of  Required  Active  Service)  and  furnished  an
honorable discharge.  He was assigned an RE code  of  2X  (First-term,
second-term,  or  career  airman  considered  but  not  selected   for
reenlistment under the Selective  Reenlistment  Program  (SRP)).   The
applicant was credited with 11 years, 6 months, and  9 days  of  total
active service.  He was credited with seven years, seven  months,  and
ten days of total inactive service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPEP recommended denial of the applicant’s request to void  the
contested OPR.  According to AFPC/DPPPEP, it is Air Force policy  that
an evaluation report is accurate as written when it becomes  a  matter
of record.  The applicant did not provide any evidence that proved the
report  was  anything  other  than  an  accurate  assessment  of   his
performance during the reporting period.  The  applicant  appeared  to
have an excuse that even though the incidents mentioned in the  report
“actually took place,” it was never his fault or  as  extreme  as  the
rating  chain  made  it  out  to  be.   In  AFPC/DPPPEP’s   view,   no
documentation was submitted to support the applicant’s contentions.

A complete copy of the AFPC/DPPPEP evaluation is at Exhibit C.

AFPC/DPPAE indicated that the applicant’s RE code of  2X  is  correct.
However, after reviewing the  applicant’s  supporting  statements  and
incomplete record of performance reports,  they  are  not  adverse  to
changing the applicant’s RE code to 3K (Reserved for use by HQ AFPC or
the Air Force Board for Correction of Military Records  (AFBCMR)  when
no other reenlistment eligibility code applies or is  appropriate),  a
more favorable code that can be applied by the Board  as  a  means  of
relief.

A complete copy of the AFPC/DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  21
Nov 03 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice warranting corrective action concerning  the
applicant’s request that his RE code  be  changed.   Having  carefully
reviewed this application, we agree with  AFPC/DPPAE’s  recommendation
that the  applicant’s  RE  code  be  changed  to  3K.   Based  on  his
nonselection for reenlistment by his commander, we are not inclined to
change  his  RE code  to  1J,  which   would   allow   his   immediate
reenlistment.  However,  in  view  of  his  many  years  of  otherwise
honorable service, we believe it would be in the interest  of  justice
to afford him another opportunity for future military service  if  the
respective services  desire  to  enlist  him  based  on  their  needs.
Accordingly, we recommend that  the  applicant’s  RE  code  of  2X  be
changed to 3K.

4.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice regarding the applicant’s
requests that his EPR closing 16 Oct 02 be voided and removed from his
records.  Evaluators are required  to  assess  a  ratee’s  performance
honestly and to the best of their ability, based on  their  observance
of an individual’s performance.  No evidence has been  provided  which
would lead us to believe that the applicant’s evaluators  were  unable
to render an unbiased  evaluation  of  his  performance  or  that  the
ratings on the contested report were based on factors other  than  his
duty performance during the contested rating period.  In view  of  the
foregoing, and in the absence of evidence to the contrary, we find  no
compelling basis to recommend favorable action on applicant’s  request
that the contested report be voided and removed from his records.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected  to  show  that  his  Reenlistment
Eligibility  (RE)  Code  issued  in  conjunction  with  his  honorable
discharge on 28 Feb 03 was “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-02137 in Executive Session on 10 Feb 04, under the provisions  of
AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Sharon B. Seymour, Member
      Mr. Garry G. Saunder, Member

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

    Exhibit A.  DD Form 149, dated 15 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPEP, dated 29 Jul 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 6 Oct 03.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Nov 03.




                                   ROSCOE HINTON, JR.
                                   Panel Chair










AFBCMR BC-2003-02137




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 , be corrected to show that his Reenlistment
Eligibility (RE) Code issued in conjunction with his honorable
discharge on 28 Feb 03 was “3K.”







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency