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AF | BCMR | CY2004 | BC-2003-03393
Original file (BC-2003-03393.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03393
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His commander did not explain that he would be barred  from  the  Air  Force
for  life.   He  signed  and  accepted  his  notification  or   reenlistment
ineligibility  based  on  the  fact  that  he  would  be  reconsidered   for
enlistment once the ineligibility factor was removed.

In support of the appeal, the applicant submits a copy of his DD  Form  214,
Certificate for Release or  Discharge  from  Active  Duty,  a  copy  of  his
Notification  of  Reenlistment   Ineligibility,   copies   of   his   Airman
Performance Reports, and a copy of an Enlistment Waiver letter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 July 1980.  On 3  March
1983, his commander considered and  denied  his  reenlistment.   On  8  July
1984, he was discharged under the provisions of AFR 39-10 for expiration  of
term of service and  was  issued  an  honorable  discharge.  He  received  a
separation designator code of KBK and a RE  code  of  2X.   He  served  four
years on active duty.

After reviewing the applicable instruction, AFR 39-10,  it  appears  the  RE
code issued is accurate.

_________________________________________________________________


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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   Applicant’s  contentions  are  duly
noted; however, we are not persuaded that the applicant has been the  victim
of an error or injustice.  At the time members are separated  from  the  Air
Force, they are furnished an RE code predicated upon the  quality  of  their
service  and  circumstances  of  their  separation.   In  regards   to   the
applicant’s request for correction of his  RE  code,  no  documentation  was
provided to the Board,  to  show  a  record  of  satisfactory  post  service
accomplishments.  Typically, clemency would be considered when a person  has
been separated for a length of time, and provides evidence  to  substantiate
post service accomplishments.  However,  after  a  thorough  review  of  the
evidence of record, we believe that given the circumstances surrounding  the
applicant’s separation, the RE  code  issued  was  in  accordance  with  the
appropriate  directives.   Therefore,  we  find  no  basis  upon  which   to
recommend favorable action on 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  Docket  Number  BC-2003-03393
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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Oct 03, w/atchs.



    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBR dated 7 Nov 03.




                                   PEGGY E. GORDON
                                   Panel Chair

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