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AF | BCMR | CY2007 | BC-2007-00507
Original file (BC-2007-00507.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00507
            INDEX CODE:  100.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  13 SEP 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment code (RE) of 2 be change to an RE1.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He volunteered during the Vietnam Conflict, served  honorably,  and
his  previous  reviews  were  good.   He  wants  his  children  and
grandchildren to know the truth.  He believes his discharge  was  a
result of retaliation of a sergeant that “had it in for me” because
he talked to the commanding officer about mistreatment.

In support of his appeal, applicant submitted a personal statement.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22  Jan  65  in  the
grade of  airman  basic  for  a  period  of  four  years.   He  was
progressively promoted to the grade of sergeant with  an  effective
date and a date of rank of 1 May 68.

On 9 Aug 68, applicant was  nonselected  for  reenlistment  by  his
squadron section  commander.   On  13  Oct  68,  he  was  honorably
released from active duty under the provisions of  AFM  39-10,  was
issued an RE code of 2.  He was credited with 3  years,  8  months,
and 22 days of active duty service.  On 21 Jan  71,  applicant  was
honorably discharged from the Air Force Reserve.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed this application and recommended denial.   A
review of the applicant’s records reflects that on 9 Aug 68, an SAC
Form 495,  Selection  Notification  and  Airman  Action  (Selective
Reenlistment   for   First   Term   Airmen)   was   initiated   and
nonrecommended  reenlistment.   The  applicant   acknowledged   the
nonselection and on 16 Aug 68 indicated his intent  to  appeal  the
action; however, no further action relating to the nonselection for
reenlistment in his records.  On 21 Aug 68, an  AF  Form  899,  was
completed on the applicant, with retention code 2  in  the  Remarks
section.

HQ AFPC/DPPAE’s complete evaluation, with attachment, is at Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was only nineteen years old when he voluntarily enlisted in  the
Air Force and gave close to four years to his country only to  have
a sergeant at the last two months of service unjustly  tarnish  his
reputation and stigmatize his career for forty years.

Applicant further explained the some of the events  which  occurred
during his service.

Applicant’s complete response is at 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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  However, the Board  found  that  at  the  time  members  are
separated from the  Air  Force,  they  are  furnished  an  RE  code
predicated upon the quality of their service and  circumstances  of
their separation.  Applicant’s RE code  of  2  accurately  reflects
that  he  was  not  selected  for  reenlistment   and   given   the
circumstances surrounding his separation, we believe  the  RE  code
issued was in accordance with the governing manuals.  The applicant
was separated with over three  years  of  honorable  service.   The
personal sacrifice the applicant  contributed  to  his  country  is
noted and our decision in no way diminishes the high regard we have
for his service.  In view  of  the  above,  we  find  no  basis  to
recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2007-00507 in Executive Session  on  26  June  2007,  under  the
provisions of AFI 36-2603:

      Ms. Patricia J. Zarodkiewicz, Vice Chair
      Mr. Jeffery R. Shelton, Member
      Ms. Dee R. Reardon, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 2 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 07.
    Exhibit E.  Letter, Applicant, dated 22 May 07.




                                   PATRICIA J. ZARODKIEWICZ
                                   Vice Chair

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