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AF | BCMR | CY2005 | BC-2005-00681
Original file (BC-2005-00681.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-00681
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  29 AUG 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He received an Article 15 in 1982 for driving  while  intoxicated,  he  loss
pay, and denial of reenlistment.  This happened over 22 years ago and  since
then, he has made great changes  in  his  life.   He  is  dedicated  to  his
family, job, and  military.   He  currently  serves  in  the  Arkansas  Army
National Guard and would like  to  enlist  in  the  Tennessee  Air  National
Guard.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 December 1977,  as  an
airman basic (AB) for a period of four years.

On 21 May 1979, the applicant received  an  Article  15  for  possession  of
marijuana for which he received a reduction in rank from airman first  class
(A1C) to airman (Amn) and forfeiture of $100.00 of pay.

On 4 January 1982, an Air Force Form  418,  Selective  Reenlistment  Program
Consideration  was  initiated  and  his  commander   nonselected   him   for
reenlistment  on  5  January  1982  and  on  the  same  day  the   applicant
acknowledged the nonselection and elected not to appeal action.

On 6 January 1982, the applicant received an  Article  15  for  operating  a
vehicle on base while drunk for which he received a reduction in  rank  from
senior airman (SrA) to A1C and forfeiture of 100.00 of pay.   The  execution
of the portion of the punishment which related to  the  reduction  in  grade
was suspended until 27 February 1982,  unless  sooner  vacated  it  will  be
remitted without further action.

On 26 February 1982, the applicant was discharged under  the  provisions  of
AFR 39-10, and was issued an honorable discharge with an  RE  code  of  “2X”
which denotes the first-term, second-term, or career airman  considered  but
not selected for reenlistment under the SRP.  He served 4,  years,  1  month
and 27 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS states no evidence  was  found  in  the  applicant’s  records
indicating he suffered from  an  error  an  injustice.   It  is  clear  the
applicant’s  commander  made  the  final  nonselection   and   denied   his
reenlistment based on his earlier  behavior  problems  and  recent  driving
under the influence incident.   Therefore,  they  recommend  the  requested
relief be denied.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  22
April 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 an probable error or an 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.   The  applicant  was
nonselected for reenlistment  based  his  behavior  and  driving  under  the
influence.  However, based on the documentation provided  by  the  applicant
it appears he has made a successful transition  to  civilian  life.   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 Air National Guard.  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 armed forces.  Therefore, we recommend his reenlistment code be  changed
to “4E.”

_________________________________________________________________

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  26
February 1982, he was issued a Reenlistment Eligibility Code (RE) of “4E.”

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-00681
in Executive Session on 8 June 2005, under the provisions of AFI 36-2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Dorothy P. Loeb, Member
                       Mr. Clarence D. Long III, Member

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

    Exhibit A.  DD Form 149, dated 27 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 15 Apr 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Apr 05.




                                             MICHAEL K. GALLOGLY
                                             Panel Chair






AFBCMR BC-2005-00681




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 26 February 1982, he was issued a Reenlistment Eligibility
Code (RE) of “4E.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency

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