Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-00942
Original file (BC-2005-00942.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
00942
                                             INDEX  CODE:   100.06;
110.00

                                             COUNSEL:  NONE


                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  20 SEPTEMBER 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code of “2Y” be changed  so  that
she can reenter the military as an officer.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Her RE code is preventing her from reentering the  military  as  an
officer.

In support of her appeal, the applicant provided a copy of  her  DD
Form 214, Certificate of Release or Discharge from Active  Duty,  a
court order approving her name change, and her Bachelor of Arts and
Master of Science Degree Certificates.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted her initial enlistment in the Regular  Air
Force on 14 Jan 85, for a period of four  years  in  the  grade  of
airman basic.  On 4 Nov 86, she extended her initial enlistment for
an additional six  months.   Her  highest  grade  held  was  senior
airman.

Applicant’s Airman Performance Report (APR) profile follows:

      PERIOD ENDING               OVERALL EVALUATION

      14 Oct 85                         9
      14 Oct 86                         9
      11 Apr 87                         9
      22 Nov 87                         9
       1 Jul 88                         7


On 13 Jul 89, applicant was honorably released from active duty  in
the grade of senior airman, under the provisions of AFR 39-10, with
separation program designator code “K13”  (Completion  of  Extended
Enlistment).  She was issued an RE Code of 2Y, “First-term, second-
term or career airman whose appointment  to  NCO  status  has  been
denied or vacated.”  She served 4 years  and  6  months  of  active
military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends denial stating, in part, it is evident the
applicant’s commander made final nonselection or  vacated  her  NCO
status which resulted in the RE code of 2Y.

The applicant’s record review rip (RRR) dated 12  Jul  89  revealed
the applicant’s NCO status had been denied and was updated by  base
personnel  officials.   The  RRR  clearly  shows  the   applicant’s
commander  vacated  or   denied   the   applicant’s   NCO   status.
Additionally, the  applicant’s  AF  Form  909,  Airman  Performance
Report (23 Nov 87 through 1 Jul 88),  Section  VI,  1st  Indorser’s
Comments, clearly supports the updates made by personnel officials.
 “SrA XXXXXXXX has  not  consistently  demonstrated  the  level  of
commitment for self-improvement  efforts  which  are  necessary  to
achieve NCO status.  At this time SrA XXXXXXXX is not qualified  to
assume greater responsibility.”

The complete Air Force evaluation is attached at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 Jun 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,   the
majority of the Board believes some relief is appropriate  in  this
case.   Although  the  specific   circumstances   surrounding   the
applicant’s denial of noncommissioned (NCO) status are unknown, the
majority of the Board notes that  her  overall  record  of  service
reflects good duty performance.  In view of this,  and  noting  her
post-service educational accomplishments, the majority of the Board
believes it would be an injustice for the applicant to continue  to
suffer the adverse effects of the assigned RE  code  and  that  she
should be afforded  a  second  chance  to  serve.   Therefore,  the
majority of the Board recommends that her RE code be changed to 4D,
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 her
discharge  on  13  July  1989,  she  was  issued   a   Reenlistment
Eligibility (RE) Code of “4D.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-00942 in Executive Session on  3  August  2005,  under  the
provisions of AFI 36-2603:

      Ms. Rita S. Looney, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. James A. Wolffe, Member

By majority vote, the  Board  voted  to  correct  the  records,  as
recommended.  Ms. Murray voted to deny the application, but elected
not  to  submit  a  minority  report.   The  following  documentary
evidence was considered:

     Exhibit A.  DD Form 149, dated 16 Mar 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 31 May 05.
     Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 05.




                                   RITA S. LOONEY
                                   Panel Chair




AFBCMR BC-2005-00942




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 her discharge on 13 July 1989, she was issued a Reenlistment
Eligibility (RE) Code of “4D.”






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01211

    Original file (BC-2003-01211.doc) Auto-classification: Denied

    The initial DD Form 214 issued in conjunction with the applicant’s 15 Jul 91 separation reflected the narrative reason for separation as “Return from overseas within 30 days of expiration term of service,” with separation code “K14,” and RE Code 4D (Grade is senior airman and member has completed at least nine years of total active service and had not yet been selected for staff sergeant). At the time a member is separated from the Air Force, he/she is furnished an RE code predicated upon...

  • AF | BCMR | CY2005 | BC-2005-02754

    Original file (BC-2005-02754.doc) Auto-classification: Denied

    The following AF Forms 418, Selective Reenlistment/Noncommissioned Officer Status Consideration, were on file in the master personnel record. She received an RE code of 2Y “A second-term or career airman considered but not selected for NCO status, or had vacated NCO status under AFR 39-13.” The complete Air Force evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 7 Oct 05, copies of the Air Force...

  • AF | BCMR | CY2002 | 0201749

    Original file (0201749.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01749 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His separation and reenlistment eligibility (RE) codes be changed. A complete copy of the evaluation is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...

  • AF | BCMR | CY2002 | BC-2002-01749

    Original file (BC-2002-01749.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01749 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His separation and reenlistment eligibility (RE) codes be changed. A complete copy of the evaluation is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...

  • AF | BCMR | CY2005 | BC-2005-00574

    Original file (BC-2005-00574.doc) Auto-classification: Denied

    He received orders nine months prior to his separation date and never had enough retainability for the assignment. According to information provided in the advisory prepared by the Air Force Office of Primary Responsibility at Exhibit C, the applicant was notified of an assignment on 12 May 04 and on 29 Sep 04 voluntarily declined the assignment by signing AF Form 964, “PCS, TDY or Training Declination Statement.” The applicant was separated on 9 Jan 05 after completion of required active...

  • AF | BCMR | CY2005 | BC-2005-01584

    Original file (BC-2005-01584.doc) Auto-classification: Denied

    On 16 Nov 04, applicant certified she had not used any drug, including marijuana, since she originally completed the AF Form 2030. The discharge authority approved the discharge and directed that applicant be discharged with an uncharacterized entry-level separation. ___________________________________________________________________ The following members of the Board considered Docket Number BC-2005- 01584 in Executive Session on 3 August 2005, under the provisions of AFI 36-2603: Ms....

  • AF | BCMR | CY2006 | BC-2006-01431

    Original file (BC-2006-01431.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01431 INDEX CODE: COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 13 NOVEMBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: Her rank of noncommissioned officer (NCO) status (Sgt/E-4) be reinstated. In this respect, the majority of the Board notes the applicant’s circumstances at the time she...

  • AF | BCMR | CY1999 | 9802405

    Original file (9802405.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Skills Management Branch, AFPC/DPPAE, reviewed this application and indicated that a review of applicant’s military personnel records revealed an AF Form 418 (Selective Reenlistment/Noncommissioned Officer Status Consideration), dated 25 Jul 88, denying her reenlistment. A complete copy of the Air Force evaluation is attached at Exhibit...

  • AF | BCMR | CY2005 | BC-2003-02926

    Original file (BC-2003-02926.doc) Auto-classification: Denied

    The death gratuity, insurance and travel insurance were never paid to the children. He enlisted in the Army Air Forces on 8 Oct 47, in the grade of private first class, for a period of three years. ___________________________________________________________________ The following members of the Board considered Docket Number BC-2003- 02926 in Executive Session on 3 August 2005, under the provisions of AFI 36-2603: Ms. Rita S. Looney, Panel Chair Ms. Barbara R. Murray, Member Mr. James A....

  • AF | BCMR | CY2007 | BC-2005-01584

    Original file (BC-2005-01584.DOC) Auto-classification: Denied

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01584 INDEX NUMBER: 100.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: In her request for reconsideration, applicant requests that any references to drug abuse be expunged from her records and that her Reenlistment Eligibility (RE) code be changed from “2C” to “1C” to permit reentry...