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AF | BCMR | CY2004 | BC-2004-02672
Original file (BC-2004-02672.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02672
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He accepted and received an RE code of 2Y which  makes  him  ineligible  for
entry into the California Air National Guard.  He states his separation  was
honorable and should be reflected as such.

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

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, the applicant enlisted  in  the  Regular
Air Force in the grade of senior airman.

On 4 November 1987, the applicant was notified of his commander’s intent  to
impose nonjudicial punishment upon  him  for  the  following:   He  was,  at
Travis Air Force Base, California, on or about 29 October  1987,  disorderly
by publicly kissing an airman, a woman not his wife.

After consulting with counsel, the applicant waived his right to a trial  by
court-martial, submitted a written presentation in his behalf and  requested
to make a personal appearance.  However,  he  did  not  desire  that  it  be
public.

On 12 November 1987, he was found guilty by his commander  who  imposed  the
following punishment: A forfeiture of $100.00 per month for one  month,  two
weeks   of   additional   duties,   a   reprimand,   and    his    Selective
Reenlistment/NonCommissioned Officer Status Consideration was vacated  -  AF
Form 418, dated 12 November 1987.



The applicant did not appeal the punishment.  The Article 15  was  filed  in
his Unfavorable Information File (UIF).

On 5 November 1984, the applicant was honorably discharge in  the  grade  of
senior airman, under the provisions of AFR 39-10, Early  Separation  Program
- Strength Reduction.  He served six years, five months and  three  days  of
total active duty service.  He received an RE  code  of  2Y  -  first  term,
second-term or career airman considered but not  selected  for  reenlistment
under the SRP.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial indicating there was nothing  to  support  the
course of action requested by the applicant.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 October 2004, a copy of the Air Force evaluation was forwarded  to  the
applicant for review and response 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or an injustice.  While the RE code  assigned  to  the
applicant, at the time he was discharged, was  technically  correct  and  in
accordance with the governing regulation, the  Board  majority  believes  it
would be an injustice for the applicant to continue to suffer  its  effects.
It is noted the Air Force office of primary responsibility  recommended  not
changing  the  reenlistment  code,  but  the  Board  majority  believes  the
applicant 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 the Board majority recommendation in no  way
guarantees he will be allowed to return to the Air Force or  any  branch  of
the service.  In  view  of  the  foregoing,  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 at the time of his  discharge  on  1
April 1988, he was issued a Reenlistment Eligibility (RE) code of “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
02672 in Executive Session on 18 November 2004, under the provisions of  AFI
36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Dorothy P. Loeb, Member
                  Ms. Jan Mulligan, Member

By a majority vote, the Board voted to correct the records, as  recommended.
 Ms. Mulligan voted to deny the application and does not desire to submit  a
minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 August 2004, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 4 October 2004.
   Exhibit D.  Letters, SAF/MRBR, dated 8 October 2004.




                       RICHARD A. PETERSON
                       Panel Chair






AFBCMR BC-2004-02672





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 at the time of his discharge on 1
April 1988, he was issued a Reenlistment Eligibility (RE) code of “3K.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency





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