RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02352
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2X” be changed to reflect a  code
that would make him eligible for reserve status in the Air Force Reserve  or
Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He failed an evaluation and lost his NCO status making him eligible for  the
Strength Reduction Program implemented  by  the  Air  Force  in  1984.   His
commander informed him that he was reinstating his NCO status.  He asked  if
he would still be eligible for the early separation program,  and  was  told
“no.”  He turned down his NCO status and was discharged.   He  was  told  he
would receive an honorable discharge but was not told he  would  receive  an
unfavorable reenlistment code.  He respectfully requests the Board  to  find
in favor of changing his current RE code to a code that would enable him  to
serve his country in the Air Force Reserves.  Since  his  discharge  he  has
had only one employer for the past 20 years, and has  been  married  for  16
years.  His work record as  well  as  his  home  life  reflects  dedication,
responsibility and stability.

In  support  of  the  application,  the  applicant  submits  his  separation
document (DD 214), his final evaluation  from  his  former  employer,  three
support  letters,  six  letters  of  appreciation,  nine   certificates   of
training, and a certificate of appreciation.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 1 June 1979 in the  grade
of airman basic (E-1) at the age of 17 for a period  of  6  years.   He  was
progressively promoted to the grade of senior  airman  (E-4)  effective  and
with a date of rank of 1 October 1981.  He was appointed  a  noncommissioned
officer in the grade of sergeant on 1 October 1982.

The following  is  a  resume  of  his  Airman  Performance  Reports  (APRs),
commencing with the report closing 31 May 1980:

      PERIOD ENDING    PROMOTION RECOMMENDATION

      31 May 1980            4
      31 May 1981            8
      29 Jan 1982            9
      30 Mar 1983            9
      16 Nov 1982            7
      14 Nov 1983            9
       4 Jun 1984            6

On 10 July 1984, he was notified by his commander that his  NCO  status  was
being vacated and he was not being recommended for reenlistment due  to  his
negative progression on the job and problems in his personal life.

On 6 September 1986, the applicant was discharged from the Air  Force  under
the provisions  of  AFR  39-10,  FY  84  Early  Separation  Program-Strength
Reduction, with an honorable discharge, and an RE code  of  2X  (first  term
airman  considered  but  not  selected  under  SRP,  or  has   been   denied
appointment to NCO status, or has had NCO status vacated).   He  had  served
five years, three months and six days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends denial.  DPPAE opines the  documentation  submitted
by the applicant do not support the  course  of  action  requested  by  him.
DPPAE states the commander’s decision to deny the  applicant’s  reenlistment
and  vacate  his  NCO  status  was  based  on  poor  performance.    DPPAE’s
evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 21 August 2004, the applicant stated that in the  days
prior to his evaluation,  he  was  recovering  from  a  bad  marriage.   His
expectant wife and child had left him.  He was confused and in  a  state  of
depression.  He was not able to  see  or  hear  from  his  child.   He  felt
helpless.  He was not at his best, but he did  later  pass  his  evaluation,
and was offered his NCO status.  Before  he  was  upgraded,  he  received  a
letter that stated he would be involuntarily  discharged  IAW  the  Strength
Reduction Program.  He felt it was the best thing that could happen  to  him
at the time because he could pursue legal action to  obtain  rights  to  see
his children.  He was 17 when he enlisted, and  he  served  5  years  and  3
months of his 6 year enlistment.  He is now 42  and  has  been  married  for
over 16 years to the same woman.  After his discharge, he was employed as  a
Correctional Officer.  He recently retired after serving 20 years.  He is  a
stable employee and family man.  He  would  very  much  like  to  serve  his
country in the Reserve or Air National Guard, and humbly requests  a  change
to his RE code (Exhibit E).

_________________________________________________________________

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   warrant   the
consideration of clemency.  After reviewing the applicant’s  submission,  we
are of the opinion that the applicant has provided  sufficient  evidence  to
lead us to conclude that in the years following his separation he  has  made
a successful adjustment to civilian life.  This is evident  by  his  serving
as a correctional officer for the state of Texas.  In view of this fact,  we
believe he should be given  the  opportunity  to  apply  for  enlistment  by
changing his RE code to “3K”, a waiverable code.   An  RE  “3”  series  code
will permit him to apply  for  enlistment  and,  should  he  have  desirable
skills and be otherwise medically qualified, the Air Force  Reserve  or  Air
National Guard may elect to  waiver  his  ineligibility  and  allow  him  to
enlist.  The applicant should understand that this RE code change in no  way
obligates the Air Force Reserve or Air National Guard or any  of  the  other
Services to accept him for enlistment.  Therefore, we recommend his  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  6
September 1984, his reenlistment eligibility code was RE-3K.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 17 February 2005, under the provisions of AFI 36-2603:


                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Mr. Christopher D. Carey, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in AFBCMR Docket Number BC-2004-02352:


     Exhibit A.  DD Form 149, dated 23 July 04, w/attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPAE, dated 16 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 04.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair





AFBCMR BC-2004-02352



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 at the time of his
discharge on 6 September 1984, his reenlistment eligibility code was RE-
3K.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency