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AF | BCMR | CY2005 | BC-2004-03256
Original file (BC-2004-03256.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03256
            INDEX CODE:  100.03
      xxxxxxxxxxxxx    COUNSEL:  NONE

      xxxxxxxxxxxxxxx  HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of  2X  (First-term,  second-term  or
career airman considered but not selected for reenlistment  under  the  SRP)
be changed to allow enlistment in the Guard or Reserves.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he was on active duty he did have difficulty  passing  his  seven-level
skill test.  He had extreme test anxiety and difficulty  studying.   He  has
been diagnosed with Adult Attention Deficit Disorder.  He  chose  to  accept
the  Date  of  Separation  Roll  Back  so  he  could  complete  his  college
education.  He was not told by the personnel office that when  he  separated
he would receive an RE code that would prevent him from further  enlistment.
 He does not understand why he would receive this code.  His EPRs  while  on
active duty were excellent.  In his last EPR he was rated a 5.   During  his
service, he received an Air Force Commendation  Medal  and  four  Air  Force
Achievement Medals.  He has been diagnosed with Adult ADD and  has  received
training to  modify  his  studying  and  testing  techniques.   He  has  had
positive results  with  these  techniques  including  earning  his  Bachelor
Degree in Business Management.

In support of his request, applicant provides a personal statement,  a  copy
of his DD Form 214, a letter of recommendation and a copy of his  Report  on
Individual Person.  The applicant’s  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  on  7  August  1985.   He  was
progressively promoted to the grade of staff sergeant, having  assumed  that
grade effective and with a date of  rank  of  1  January  1993.   Since  his
promotion to the grade of sergeant, he received eight  Enlisted  Performance
Reports for the combined rating period 2 November 1988  through  12 December
1994, in which the overall ratings were 4, 5, 5, 5,  5,  5,  5,  5  (highest
rating a 5).
Applicant  was  honorably  discharged  for  completion  of  required  active
service on 29 January 1995, after serving 9 years, 5 months and 23  days  on
active duty.  An  RE  code  2X  (First-term  second-term  or  career  airman
considered but not selected for reenlistment under the SRP) was given.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the  application  be  denied.   DPPAE  states  that  a
review of his report on individual personnel (RIP) dated 4 October 1994  and
documents submitted in his  application  revealed  that  his  promotion  and
assignment eligibility status was updated as ineligible/denied  reenlistment
and applicant was withdrawn from upgrade training for failure  to  progress.
The DPPAE evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 December 2004, a copy of the Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a response.

_________________________________________________________________

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 error or injustice that would warrant a change to his RE  code.
 Evidence has not been provided that would  lead  us  to  believe  that  the
applicant’s discharge in 1995 was erroneous or unjust.  Therefore,  we  have
no basis to conclude that the corresponding RE code  that  was  assigned  at
the time of his separation does not accurately reflect the circumstances  of
his  separation.   In  the  absence  of  evidence  to  indicate   that   the
information contained in his records is  erroneous  or  that  his  commander
abused  his  discretionary  authority,  we  find  no  compelling  basis   to
recommend granting the relief sought in this application.

________________________________________________________________




THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  this  application  AFBCMR
Docket BC-2004-03256 in Executive Session on  9  February  2005,  under  the
provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr, Panel Chair
      Ms. Ann-Cecile M. McDermott, Member
      Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Feb 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAE, dated 30 Nov 04.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Dec 04.





                                   ROSCOE HINTON JR.
                                   Panel Chair
AFBCMR BC-2003-01027




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 XXXXXXXXXXX, be corrected to show that at the time of his
discharge on 29 August 1999, he was issued a Reenlistment Eligibility
(RE) code of “3K” rather than “2X.”






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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