RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01989
            INDEX CODE:  100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  10 FEB 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2X  (first-term,  second-
term, or career airman considered but not selected for reenlistment
under the Selective Reenlistment Program (SRP))  be  changed  to  a
code which will enable him to enlist in the Air National Guard.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code of 2X was due to active duty E-4 Sergeant “High Year of
Tenure.”  His High Year of Tenure is not relevant to  Air  National
Guard service.  Since his discharge, he  has  been  employed  as  a
commercial aircraft mechanic and states that  patriotism  motivates
his request, not payroll.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Based on available records, applicant enlisted in the  Regular  Air
Force on 19 Feb 86 for a period of  four  years  in  the  grade  of
airman basic.

He was appointed NCO status to  the  grade  of  sergeant  (E-4)  on
19 Feb 89.  Applicant had continuous active military  service  from
19 Feb 86 until his release from active duty and  transfer  to  the
Air Force Reserve on 14 Feb 96.

A resume of  applicant’s  available  enlisted  performance  reports
(EPR) profile follows:

            PERIOD CLOSING              OVERALL EVALUATION


           10 Nov 91                                    4
           23 Dec 92                                    4
           23 Dec 93                                    4
           15 Aug 94                                    2 (Referral
      Rpt)
           15 Aug 95                                    2 (Referral
      Rpt)

On 14 Feb 96, applicant was honorably  released  from  active  duty
under the provisions of AFI 36-3208, by  reason  of  completion  of
required active service, and was issued an RE code of 2X.   He  was
credited with 9 years, 11  months,  and  26  days  of  active  duty
service.

On 14 Feb 99, applicant was honorably discharged from the Air Force
Reserve under the provisions of AFR 35-41.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed  this  application  and  recommended  denial
stating in part, a review of  the  applicant’s  military  personnel
records revealed he received two  referral  EPR’s.   Both  referral
EPR’s were based on “member’s failure to meet minimum standards  as
an NCO.”  Although the pattern shows the commander’s  justification
for non-selecting applicant  for  reenlistment,  the  documentation
showing the commander’s recommendation is no longer in the  record.
Additionally,  they  found  the  applicant  was   nonselected   for
promotion to staff sergeant.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the evaluation,  applicant  provided  additional
documentation for the Board’s review (Exhibit E).

___________________________________________________________________

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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  The  Board  finds
that at the time the applicant separated from the Air Force, he was
furnished an RE Code predicated upon the quality of his service and
the circumstances of his separation.  The  assigned  code  reflects
the Air Force’s position regarding whether or not,  or  under  what
circumstances, he should have  been  allowed  to  reenlist.   After
careful consideration of the evidence provided, a majority  of  the
Board is not persuaded that the assigned RE code  is  in  error  or
unjust or that an upgrade of the RE code is warranted.   Therefore,
the Board’s majority  concludes  no  basis  exists  upon  which  to
recommend favorable action on his request that it be changed.

___________________________________________________________________



RECOMMENDATION OF THE BOARD:

The majority of the panel finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-01989 in Executive Session on 19 October  2005,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Barbara R. Murray, Member

By a majority vote, the Board recommended denial of  the  application.
Mr. Peterson voted to change applicant’s RE code to “3K,” but does not
wish to submit a Minority Report. The following  documentary  evidence
was considered:

      Exhibit A.  DD Form 149, dated 16 Jun 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPAE, dated 31 Aug 05.
      Exhibit D.  Letter, SAF/MRBR, dated 16 Sep 05.
      Exhibit E.  Letter, Applicant, undated, w/atch.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2005-01989




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 XXXXXXX, XXXXXXX, be corrected to show that at the
time of his release from active duty on 14 February 1996, he was
issued a reenlistment eligibility (RE) code of “3K.”




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency





MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
      CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

      After considering the evidence available for my review, I agree
with the minority member of the panel that the applicant’s request to
upgrade his Reenlistment Eligibility (RE) code should be granted.

      While the assigned RE code may have been appropriate at the time
to identify his involuntary separation, I do not believe he should
have to continue to suffer its adverse effects.  In this respect, I
note that while the applicant may have experienced some problems in
completing his required professional military education which
prevented him from meeting minimum standards, his overall record of
service reflected good to excellent duty performance.  In view of
this, and noting the absence of any other derogatory information in
his record, I believe he should be afforded a second chance to serve.
Therefore, it is my decision that his RE code should be changed to 3K.
 RE code 3K 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.  Whether or not he
is successful will depend on the needs of the service and in no way
guarantees that he will be allowed to return to any branch of the
service.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency