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AF | BCMR | CY2007 | BC-2007-00993
Original file (BC-2007-00993.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00993
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NOT INDICATED


MANDATORY CASE COMPLETION DATE:  1 OCT 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation Program Designator (SPD) code be  changed;  however,
it appears that his request is to have his reenlistment eligibility
(RE) code of 3D (second term or career airman who  refused  to  get
PCS or TDY assignment retainability) changed to a code  which  will
enable him to reenlist in the Air National Guard (ANG).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He turned down an assignment prior to his separation  in  order  to
remain near his children during his divorce.  He wants to enlist in
the ANG and requests his code be changed so that he may  serve  his
country again.  His youngest child is 21 years old and there are no
obligations that will impede his service.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  27  Aug  79.   His
highest grade held was staff sergeant (E-5) with an effective  date
and date of rank of 1 Mar 85.

He voluntarily submitted a request for separation for miscellaneous
reasons after turning down  an  assignment.   On  24  Nov  87,  the
discharge  authority  approved  his  request  for  voluntary  early
separation.

On  8  Mar  88,  applicant  was  honorably  discharged  under   the
provisions of AFR 39-10, by reason  of  voluntary  –  miscellaneous
reasons, with an SPD of KND and was issued an RE code  of  3D.   He
was credited with 8 years, 6 months and  12  days  of  active  duty
service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
Based on documentation  in  the  file,  they  found  the  discharge
consistent with the procedural and substantive requirements of  the
discharge regulation.  Additionally, the discharge was  within  the
sound discretion of  the  discharge  authority.   They  also  noted
applicant did not submit any evidence or  identify  any  errors  or
injustices that occurred in the discharge processing  and  provided
no other facts warranting  a  change  to  his  separation  code  or
reenlistment eligibility code.

The HQ AFPC/DPPRS complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 20 Apr 07 for review and comment 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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of an error or an injustice.  Applicant’s
contentions are duly noted; however, we are not persuaded  that  he
has been the victim of an error or injustice.  At the time  members
are separated from the Air Force, they are  furnished  an  RE  code
predicated upon the quality of their service and the  circumstances
of their separation.  Applicant’s RE code of 3D accurately reflects
that he was a second term or career airman who refused to  get  PCS
or  TDY  assignment  retainability  and  given  the   circumstances
surrounding his separation, we believe the RE code  issued  was  in
accordance with the governing directives.  We note that the RE code
of “3D” is a waiverable code  and  suggest  applicant  contact  his
local recruiter  concerning  his  reaffiliation  to  the  military.
Therefore, in the absence of persuasive evidence to  the  contrary,
we find no compelling basis to recommend granting the relief sought
in this application.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2007-00993 in Executive  Session  on  24  May  2007,  under  the
provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Glenda H. Scheiner, Member
      Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 9 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Apr 07.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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