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AF | BCMR | CY2005 | BC-2005-00739
Original file (BC-2005-00739.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-00739
            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 to allow  him  to  reenter
military service.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He wanted to get back into civilian life, but now he wants  to  reenter  the
military.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 11 September 1996, as  an
airman basic (AB) for a period of four years.

On 14 March 2001, the applicant received an Article 15 for  failure  to  pay
his Bank of America Government Visa.  For  this  misconduct  his  punishment
consisted of forfeiture of $750.00 (suspended until 1 June  2001),  20  days
of extra duty and a reprimand.

On 22 January 2004, the applicant signed and dated an Air  Force  Form  964,
PCS  (Permanent  Change  of  Station)  TDY  (Temporary  Duty)  or   Training
Declination Statement for assignment consideration  to  RAF  Lakenheath  UK,
which stated “I understand that my declination to obtain full  retainability
to fulfill an Air  Force  requirement  is  incompatible  with  a  career  or
continuing a career in the Air Force.  I have read the rules  in  Air  Force
Regulations (AFRs) 35-16  and  39-29  pertaining  to  loss  of  reenlistment
(including extension of enlistment) and  promotion  eligibility  for  airman
who decline retainability.”

On 15 January 2005, the applicant was honorably released  from  active  duty
with an RE code of “3D,” Second-term or career airman  who  refused  to  get
PCS or TDY assignment retainability.  He served  eight  years,  four  months
and four days of active service.

On 29 April 2005, a DD Form 215 was issued to correct  Item  23  on  the  DD
Form 214 to reflect the applicant  was  discharged  and  not  released  from
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE states the applicant fully  understood  the  repercussion  of
declining  retainability  for  PCS,  TDY  or  training.   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  6  May
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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   After  careful  consideration  of  the
circumstances of this case, we are not persuaded that the reenlistment  code
he received upon  separation  from  active  duty  is  in  error  or  unjust.
Applicant’s contentions are duly noted; however, we agree with  the  opinion
and recommendation of the Air Force and adopt its  rationale  as  the  basis
for our conclusion that the applicant has not been the victim  of  an  error
or injustice.  The applicant was released  from  the  Air  Force  under  the
provisions of AFI 36-3208 with an RE code of 3D, which indicates  he  was  a
second-term or career airman who  refused  to  get  PCS  or  TDY  assignment
retainability.   We  note  the  applicant’s  reenlistment  code  3D   is   a
waiverable code and depending upon the needs of the  service  the  applicant
may be allowed to reenlist.  Therefore, in view of the above and in the
absence of evidence  to  the  contrary,  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 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  Docket  Number  BC-2005-00739
in Executive Session on 16 June 2005, under the provisions of AFI 36-2603:

                       Ms. Martha J. Evans, Panel Chair
                       Mr. Alan A. Blomgren, Member
                       Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 18 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 6 May 05.




                                             MARTHA J. EVANS
                                             Panel Chair

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