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AF | BCMR | CY2005 | BC-2005-00345
Original file (BC-2005-00345.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-00345
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  8 AUG 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment  Eligibility  (RE)  code  be  changed  to  reflect  a  more
appropriate code.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The Enlisted  Performance  Report  (EPR)  he  received  with  a  two  rating
resulted in his receiving the “2X” RE code.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  19  July  1985,  as  an
airman first class (A1C) for a period of four years.

On 25 June 1992, the applicant’s supervisor  initiated  an  Air  Force  Form
418, Selective Reenlistment/Noncommissioned  Officer  Status  Consideration.
The basis for the nonrecommendation was the applicant’s failure  to  perform
up to military standards, failure to show for chemical  training,  suspended
driving  privileges,  deficiency  in  self-direction.   The  applicant  also
received several letters of counseling for missing  appointments,  late  for
duty, sleeping on duty,  and  parking  violations.   He  also  received  two
letters of reprimand, one for failure to report for  duty  and  another  for
dereliction  of  duty.   The   applicant   acknowledged   receipt   of   the
nonselection  for  reenlistment  and  waived  his  right   to   appeal   the
nonselection  on  25  June  1992.   In  addition,  on  25  June  1992,   the
applicant’s  commander  concurred  with  the   recommendation   and   denied
reenlistment.

Applicant’s APR/EPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                   18 Jul 86            9
                   18 Jul 87            9
                   18 Jul 88            9
                   18 Jul 89            9
                   31 Mar 90            3 (New System)
                   31 Mar 91            4
                  *31 Mar 92            2

*Referral report.

The  applicant  was  honorably  discharged  on  18  July  1993,  under   the
provisions of AFR 39-10, expiration term of service and  was  issued  an  RE
code of 2X, which indicates the servicemember is a first-term,  second-term,
or career airman considered but not  selected  for  reenlistment  under  the
Selective Reenlistment Program (SRP).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE states the applicant received a reenlistment eligibility  code
of "2X," indicating the servicemember  was  a  First-term,  second-term,  or
career airman  considered  but  not  selected  for  reenlistment  under  the
Selective Reenlistment Program (SRP), which is correct.  AFPC/DPPAE  further
states a review of the documents the applicant submitted and  his  personnel
records do not support  a  different  course  of  action.   Therefore,  they
recommend the requested relief be denied (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  18
March 2005, for review and response.  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 waive the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error  or  injustice.   While  the  RE  code  assigned  to  the
applicant, at the time, was technically correct and in accordance  with  the
governing regulation, the Board believes it would be an  injustice  for  the
applicant to continue to  suffer  its  effects.   It  is  noted  that  DPPAE
recommended not changing the reenlistment code, but the Board believes  that
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 our  recommendation  in  no  way  guarantees
that he will be allowed to return to the Air Force  or  any  branch  of  the
service.  Therefore, we recommend his reenlistment code be changed to “3K.”

_________________________________________________________________

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 18 July 1993, he was  issued  a  Reenlistment  Eligibility
Code (RE) of “3K.”

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-00345
in Executive Session on 21 April 2005, under the provisions of AFI 36-2603:

                             Mr. Richard A. Peterson, Panel Chair
                             Ms. Renee M. Collier, Member
                             Mr. Alan A. Blomgren, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 1 Mar 05.
    Exhibit D.  Letter, SAF/MRBR dated 18 Mar 05.




                                             RICHARD A. PETERSON
                                             Panel Chair







AFBCMR BC-2005-00345





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 18 July 1993, he was issued a Reenlistment Eligibility Code
(RE) of “3K.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency

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