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AF | BCMR | CY2004 | BC-2004-01520
Original file (BC-2004-01520.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01520
            INDEX CODE:  110.02

      XXXXXXXXXXXX     COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His  reenlistment  eligibility  (RE)  code  of  2V   (applied   for
retirement, or retirement has been approved) be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code of 2V needs to be changed which will enable him  to  go
back on active duty.

In support of his appeal, applicant submitted a copy of his DD Form
214, dated 30 Sep 94.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was honorably retired  effective  1  Oct  94,  under  the
Temporary Early Retirement Authority (TERA), and was issued RE code
2V.  He completed 15 years, 2 months, and 6 days of active  federal
military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRR reviewed this  application  and  recommended  denial.
Applicant requested early retirement through AF Form 1160, Military
Retirement Actions, in  accordance  with  the  Air  Force  Drawdown
program in effect at the time.

There is no procedural error or inaccuracy with member’s  documents
and his RE code is in accordance with Air Force policy.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 18 Jun 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office.

___________________________________________________________________

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 an error  or  injustice.   Applicant’s
contentions are duly noted; however, we are not persuaded  that  he
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 the  circumstances
of their separation.  In this case,  applicant  retired  under  the
Temporary Early Retirement Authority (TERA)  effective  1  Oct  94.
His assigned RE code of 2V accurately reflects that his  retirement
was approved.  Based on  the  foregoing,  and  in  the  absence  of
evidence to the contrary, 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 AFBCMR Docket  Number
BC-2004-01520 in Executive Session on  3  August  2004,  under  the
provisions of AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRR, dated 11 Jun 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jun 04.




                                   OLGA M. CRERAR
                                   Panel Chair

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