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AF | BCMR | CY2005 | BC-2004-03731
Original file (BC-2004-03731.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03731
            INDEX CODE:  100.3, 100.06

      XXXXXXXXXXXXXX   COUNSEL:  NONE

      XXXXXXXXXXXXXXX  HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  11 JUN 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to a  waiverable  or
eligible code that would allow him to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The procedures prescribed by regulations may not  have  been  properly
followed.

In support of his request, the applicant submits a personal  statement
and documents related to his military service.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6  September  1995,
in the grade of airman basic.

On 14 April 1999, an  AF  Form  418,  Selective  Reenlistment  Program
Consideration, was initiated not recommending his reenlistment.  On 26
April 1999, the applicant was notified by his commander  that  he  was
not selected for reenlistment due to his extensive reprimand history.

On  27 April  1999,  he  acknowledged  receipt  of   notification   of
nonselection for reenlistment and elected to appeal this decision  but
failed to do so.  On 11 June 1999, the appeal authority concurred with
applicant’s commander and denied his appeal.  On  16  June  1999,  the
applicant acknowledged the appeal authorities decision.

He was released from active  duty  on  5  September  1999,  under  the
provisions  of  AFI  36-3208,  Administrative  Separation  of  Airmen,
(completion of required active service), with an  honorable  discharge
and issued an RE code of 2X “First-term, second-term, or career airman
considered but not selected  for  reenlistment  under  the  SRP.”   He
served four years total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE  recommends   denial.    DPPAE   states   the   applicant’s
performance; failure to obtain retainability for an assignment;  along
with 21 various LORs, MFRs and LOCs clearly demonstrate  an  extensive
history  of  negative  performance  and  non-conformity  to   military
standards.  Although it  is  unclear  why  the  applicant’s  immediate
supervisor did not initiate the AF Form 418 the applicant’s  commander
retained  selection/nonselection   authority.    It   is   clear   the
applicant’s commander made final nonselection and denied reenlistment.

The DPPAE evaluation, with attachments, at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
25 Feb 2005 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 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.  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 AFBCMR Docket Number BC-
2004-03731 in Executive Session on 26 April 2005, under the provisions
of AFI 36-2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Nov 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 15 Feb 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair



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