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AF | BCMR | CY2007 | BC-2007-00931
Original file (BC-2007-00931.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00931
                                             INDEX CODE:  110.00
      XXXXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  26 September 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry Code (RE) of  2X  (First-term,  second-term,  or  career  airman
considered  but  not  selected  for   reenlistment   under   the   Selective
Reenlistment Program (SRP)), as reflected on his DD Form 214, be changed  to
1J (Eligible to reenlist, but elects separation (all airmen  selected  under
the SRP who elect separation are given RE code 1J.))

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was honorable and he elected to separate  upon  completion  of
four years service; therefore, his RE code of 2X is incorrect.

He would like to reenlist and  contribute  his  efforts  to  the  Air  Force
Security Forces CATM unit; however, his DD Form 214  incorrectly  states  an
RE Code of 2X which hinders his reenlistment efforts.  Having  an  incorrect
RE code on his DD Form 214 not only affects  him  personally,  but  prevents
the Air Force  from  retaining  a  valuable  and  honorable  resource.   His
service, experience, and volunteering just  scratches  the  surface  of  the
kind of person he is, the airman he wants to be again,  and  an  airman  the
Air Force would be proud to have serving.

In support of his appeal, he has furnished copies of his DD Form 214,  dated
9  September  2006,  an  AF  Form  418,   Selective   Reenlistment   Program
Consideration, dated 18 March 2004,  an  undated  letter  of  recommendation
from his previous supervisor, three  Certificates  of  Appreciation,  and  a
personal statement, dated 22 March 2007.

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

________________________________________________________________



STATEMENT OF FACTS:

Applicant enlisted in the Regular  Air  Force  on  10  September  2002,  and
served as a security forces journeyman for four years.

He has furnished, and  his  records  contain,  an  AF  Form  418,  Selective
Reenlistment Program Consideration, dated 18 March  2004,  which  recommends
and selects him for reenlistment.  On 31 July 2006, he received  an  Article
15 for, on or about 16 July 2006, failing to obey a direct order  to  remain
at the Entry Control Point (ECP) for 20 minutes, by  remaining  at  the  ECP
for 90 minutes.  He received a suspended reduction to the  grade  of  Airman
First Class (E-3), suspended through 30 January 2007, and seven  days  extra
duty.

Upon completion of his required  active  service,  applicant  was  honorably
discharged on 9 September 2006, in the grade of  senior  airman  (E-4).   He
was given an RE Code of 2X, a condition barring immediate reenlistment.

A resume of applicant's performance reports follows:

      PERIOD ENDING                     OVERALL EVALUATION

       9 May 2006                            4
       9 May 2005                            5
       9 May 2004                            5

His records  indicate  he  is  entitled  to  the  Global  War  on  Terrorism
Expeditionary Medal, Global  War  on  Terrorism  Service  Medal,  Air  Force
Training  Ribbon,  National  Defense  Service  Medal,  and  the  Air   Force
Outstanding Unit Award with one Oak Leaf Cluster.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial as there is no evidence to support  applicant’s
request.  Based on the evidence in his records,  he  was  not  eligible  for
reenlistment at the time of his separation because he was serving  suspended
Article 15 punishment.

The AF Form 418, Selective  Reenlistment  Program  Consideration,  dated  18
March 2004, which recommends him for reenlistment, preceded the  Article  15
executed on 31 July 2006, and he was serving  suspended  punishment  at  the
time of his separation.  Had he not elected to separate, his RE  Code  would
have been 4H, “Serving suspended punishment pursuant to Article 15,  Uniform
Code of Military Justice”, a condition barring immediate reenlistment.   Had
his commander not recommended his reenlistment at  any  time  prior  to  his
discharge, the 2X RE Code would take precedent over the RE Code of 4H.

The AFPC/DPPAE evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  11  May
2007, for review and comment, within 30 days.  He responded via  an  undated
memorandum, stating that despite an  Article  15,  he  was  still  given  an
incorrect RE Code, and the  Air  Staff  acknowledges  the  error  that  when
serving a suspended Article 15 during separation, the  correct  RE  Code  is
4H.  He was given an unwarranted and unjust RE Code of  2X,  which  unfairly
implies he is unfit for reenlistment and  creating  a  stigma  that  he  was
anything other than a “top notch young airman.”  The Article  15  has  since
been remitted from his file, and, in the interest of justice, he  should  be
afforded every opportunity to reenlist.

His service was honorable and he elected to separate upon expiration of  his
service.  He would like to reenlist and contribute his efforts  to  the  Air
Force Security Force’s CATM unit; however, due to the  RE  Code  error,  his
reenlistment efforts are hindered, thereby putting undue stress  on  himself
and his family.  The Air Force is not only a career but a  way  of  life  he
has come to love.  He was honored to have served and  would  love  to  serve
again.

In support of his response,  he  attached  14  enclosures,  to  include  two
Enlisted Performance Reports with highlighted statements  attesting  to  his
superiors’ opinions that he was an “exceptional  airman”,  numerous  letters
of  recommendation,  character  statements,  and   support,   and   numerous
reenlistment recommendations.

Applicant’s complete response, with attachments, 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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  After  reviewing  the  evidence  of  record,  it
appears that the applicant’s separation was proper and  in  compliance  with
the appropriate regulations in effect  at  the  time.   However,  the  Board
notes that, other than the one incident  which  occurred  approximately  six
weeks prior to completion of his required active service and  for  which  he
received a suspended reduction  in  grade  which  was  never  executed,  his
record is clear of any disciplinary problems.  The  Board  also  notes  that
the suspended reduction in grade  extended  beyond  the  completion  of  his
required active service, his  performance  reports  all  recommend  him  for
promotion and indicate he was  an  excellent  performer,  and  there  is  no
indication in his records that he was ever not recommended for  reenlistment
 Given the above, the Board feels that a Reentry Code  of  1J,  eligible  to
reenlist but elects separation, more accurately reflects  his  service,  and
recommends his records be corrected to the extent indicated below.

________________________________________________________________

THE BOARD DETERMINES 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  9
September 2006, he was issued a Reentry Code of “1J”

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00931
in Executive Session on 20 June 1977, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Wallace F. Beard, Jr., Member
                       Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 27 Apr 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 May 07.
    Exhibit E.  Letter, Applicant, undated, w/atchs




                                   THOMAS S. MARKIEWICZ
                                   Chair
AFBCMR BC-2007-00931




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 XXXXXXXXXXXXXXX, be corrected to show that at the time of his
discharge on 9 September 2006, he was issued a Reentry Code of “1J”.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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