RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00432
            INDEX NUMBER:  100.06, 110.00

            COUNSEL:  NONE

            HEARING DESIRED: YES



MANDATORY CASE COMPLETION DATE:  9 AUGUST 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 2X be changed to  a  code
that will permit reentry into the military.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Personnel in the recruiting and separations section at a local base
told him, because he was honorably discharged, there should  be  no
reason for a 2X code.

He contributed a lot to the Air Force in the seven years he  served
and would like to give more in a guard or reserve unit.

In support of his request, he submits a copy of his  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial  enlistment  in  the  Regular  Air
Force on 16 Feb 89, for a period  of  four  years.   He  served  on
continuous active duty and entered his last enlistment  on  27  May
92.  His highest grade held was senior airman.

Applicant’s Enlisted Performance Report (EPR) profile follows:

      PERIOD ENDING    OVERALL PROMOTION EVALUATION

      15 Oct 90                   4
      15 Oct 91                   5
      31 Jul 92                   4
      31 Jul 93                   4
       1 Mar 94                   5
       1 Mar 95                   2 (Referral)

On 5 Apr 95,  the  applicant  received  an  Article  15  for  being
derelict in the performance of his duties between on or about 7 Apr
94 and 14 Aug 94 by using his American  Express  government  charge
card for other than official government travel purposes.  Also, for
being indebted to American Express in the sum of $7,749 for  charge
purchases and ATM  cash  advances,  which  amount  became  due  and
payable 26 Sep  94,  and  which  he  dishonorably  failed  to  pay.
Punishment consisted of a reduction to the grade  of  airman  first
class with a new date of rank of 5 Apr 95.  Applicant appealed  the
decision; his appeal was denied.

A Report  on  Individual  Person,  prepared  20  Sep  95,  reflects
applicant was denied reenlistment.

On 31 Oct 95, the applicant  was  honorably  discharged  under  the
provisions of AFI 36-3208, by  reason  of  completion  of  required
active service.  He was issued  an  RE  Code  of  2X,  “First-term,
second term, or career  airman  considered  but  not  selected  for
reenlistment under the Selective Reenlistment Program (SRP).”   The
applicant was credited with 6 years,  8  months,  and  15  days  of
active military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommended denial and states, in part, based on  the
quality of the applicant’s records and supporting documentation  on
the Record of Review (RRR) dated 20 Sep 95, it is  clearly  evident
that the member was not recommended for continued military service.
 The preponderance  of  documentation  in  the  member’s  personnel
record does not support the applicant’s request.

A complete copy of the Air Force evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 Mar 05, 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. (Exhibit D)

___________________________________________________________________

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 error or injustice.  After  careful  consideration
of the available records, the RE code assigned at the time  of  the
applicant’s separation appears to be  technically  correct  and  in
accordance with the governing regulation.  Nevertheless, we believe
some relief is appropriate in this case.  Contrary to  the  opinion
of the Air Force office of  primary  responsibility,  a  review  of
applicant’s  overall  record  of  service  reflects  excellent   to
superior duty performance and, except for the misconduct  involving
his Government credit card, there  is  no  evidence  of  any  other
derogatory information.  In view of this, we believe it would be an
injustice for the applicant  to  continue  to  suffer  the  adverse
effects of the assigned RE code and that he should  be  afforded  a
second chance to serve.  Therefore, we recommend that his  RE  code
be changed to 3K, which is a code that  can  be  waived  for  prior
service enlistment  consideration,  provided  applicant  meets  all
other requirements for enlistment under an existing  prior  service
program.

___________________________________________________________________

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  31  October  1995,  he  was  issued  a  Reenlistment
Eligibility (RE) Code of “3K.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-00432 in Executive Session on  28  April  2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Gregory A. Parker, Member

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

     Exhibit A.  DD Form 149, dated 10 Jan 05, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 1 Mar 05.
     Exhibit D.  Letter, SAF/MRBR, dated 18 Mar 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



AFBCMR BC-2005-00432




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 31 October 1995, he was issued a
Reenlistment Eligibility (RE) Code of “3K.”




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency