RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02585
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed to  one  that  would
enable her to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her chain of command committed several acts of injustice resulting  in
her being  unfairly  deemed  “ineligible  for  reenlistment.”   On  12
December 2001, nearly a month after she was approved for a Career  Job
Reservation (CJR), she was accused of making vulgar  statements  about
another member  of  her  unit.   She  contends  other  personnel  were
involved but only she received a letter of  reprimand  (LOR)  and  was
placed on the commander’s control roster.   Her  promotion  to  senior
airman (SRA/E-4) was effective  cancelled  by  her  placement  on  the
control  roster.   Her  squadron  leadership  had   allowed   her   to
participate in her squadron’s promotion ceremony  (December  2001)  by
being publicly recognized for  promotion  only  to  humiliate  her  by
denying her promotion just days later.

Upon receipt of the LOR she was given  three  days  to  respond.   She
responded with a letter to her squadron commander and eight  character
references - some of which  provided  insight  on  how  she  had  been
treated by her immediate supervisor.  No reconsideration was given  to
her response.  On 26 December 2001, she was moved  to  another  flight
within  her  squadron.   She  was  given  three  performance  feedback
sessions with her new supervisor that showed significant progress.  In
fact, her third session, dated 2  May  2002,  included  statements  of
positive improvement and gave no hint of any problems or  weak  areas.
In an attempt to  bolster  her  credibility  as  a  good  airman,  she
volunteered for all kinds of activities around the unit but was denied
the opportunity every time.  She was shocked on receipt  of  her  next
Enlisted Performance Report (EPR,) when she learned she was  given  an
overall “2” out of “5”.  Even though her current  supervisor  had  not
been her rater when she received the LOR/Control Roster,  her  current
supervisor chose to include them and give her  a  referral  EPR.   She
appealed the referral EPR and was denied.  She feels she was moved  to
the new flight only to create the illusion of giving her a  chance  to
salvage her AF career.

In June 2002, she received an  AF  Form  418,  Selective  Reenlistment
Program Consideration, which informed her she was not being considered
for reenlistment due to the LOR and placement on the  control  roster.
She appealed and was denied.  She was moved to another  flight  within
the squadron.  From June 2002 until November 2002 she  contemplated  a
congressional  inquiry  (which  her  chain  of  command  attempted  to
dissuade her from).  She went ahead with the inquiry and did not  hear
from her representative until February 2003.  The  response  was  that
nothing could be done in her case, as she  was  no  longer  on  active
duty.  Her representative suggested  she  submit  application  to  the
AFBCMR.   She  requests  this  matter  of  injustice  be  given  every
consideration so that a fair dealing can be granted.


In support of her appeal, the applicant has provided copies of:

      1. DD Form 214, Certificate of Release or Discharge from  Active
Duty.
      2. Career Job Reservation (CJR) approval.
      3. Letter of Reprimand.
      4. Certificate of Promotion.
      5. Response to LOR.
      6. Several character reference letters.
      7. Several Performance Feedback Worksheets.
      8. Referral EPR.
      9. Letter of appeal to her commander.
      10. Several more character reference letters.
      11. AF Form 418, Selective Reenlistment Program Consideration.
      12. Letters of appeal to Support Group commander.
      13. Letter to Senator Kay Bailey Hutchinson.
      14. Subsequent congressional inquiry package.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began active duty on 29  December  1998.   She  reached  the
grade  of  Airman  First  Class  (A1C/E-3)  on  29  April  2000.    On
12 December 2001, she was issued an LOR wherein  she  was  reprimanded
for making vulgar comments throughout  the  unit  regarding  a  valued
member  of  the  unit.   Additionally,  her   commander   created   an
Unfavorable Information File (UIF)  and  placed  her  on  the  control
roster.  On 16 May 2002, her commander removed her  from  the  control
roster and requested an EPR be completed.  On 17  May  2002,  she  was
issued a referral EPR from her  supervisor  where  she  was  rated  an
overall “2” out of “5”.  The EPR was appealed and subsequently allowed
to stand.  On  2 June  2001,  she  was  notified  she  was  not  being
considered for reenlistment.  This  decision  was  also  appealed  and
denied.  She was honorably discharged on 28 December 2002  as  an  A1C
after serving for four years.  She was issued an RE code of 2X, 1st or
2nd Term Airman, Considered but not Selected for Reenlistment.

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 timely filed.

3. Sufficient relevant evidence has been presented to demonstrate  the
existence of probable injustice.  While the RE code  assigned  to  the
applicant, at the time was technically correct and in accordance  with
applicable instructions, we believe the circumstances that led to  her
separation to be somewhat uncertain.  The evidence presented shows she
made significant improvements in her performance and  we  believe  she
should have the opportunity to reenlist in the armed forces.   Whether
or not she is successful will depend on the needs of the  service  and
our recommendation in no way guarantees that she will  be  allowed  to
return to any branch of the  service.   Therefore,  we  recommend  the
applicant's 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 on  28  December  2002
she was separated under the provisions of AFI 36-3208,  paragraph  1.2
(Secretarial  Authority)  with  a  separation  code  of  JFF   and   a
reenlistment eligibility (RE) code of 3K.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 January 2004, under the provisions of  AFI  36-
2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. James W. Russell, III, Member
      Mr. J. Dean Yount, Member

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

    Exhibit A.  DD Form 149, dated 22 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBR, dated 31 Oct 03.



                                   PEGGY E. GORDON
                                   Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary


BC-2003-02585




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 APPLICANT, be corrected to show that on 28  December  2002,  she
was  separated  under  the  provisions  of  AFI   36-3208,   paragraph   1.2
(Secretarial Authority) with a separation code of  JFF  and  a  reenlistment
eligibility (RE) code of 3K.








     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency