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AF | BCMR | CY2007 | BC2006-03798
Original file (BC2006-03798.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-03798
            INDEX CODE: 112.10
      XXXXXXX                     COUNSEL:  NONE

                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 16 JUNE 2008

______________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment (RE) code of “4F” be changed to a code that allows him  to
enlist in the US Coast Guard.

________________________________________________________________

APPLICANT CONTENDS THAT:

He made a mistake early in his career by driving while  his  licenses  were
revoked and consequently he was kept in a holding cell  for  14  days.   He
regrets his actions and believes he has matured to the ways of the military
and the Article 15 he received rehabilitated him.

In support of his request, the applicant submits a personal letter,  copies
of two AF Form IMT 418, Selective Reenlistment Program Consideration forms;
his enlisted  performance  report;  Change  of  Reenlistment  Code  letter;
Recommendation for Cross-Training letter and Exception to Policy  to  Allow
Retraining Outside Retraining Window letter.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 20 September 2002  in  the  grade  of
airman basic.  On 19 September 2006, he  was  honorably  discharged  in  the
grade of senior airman with an RE Code of “4F” which  denotes  “Five  or  or
more days lost time during current enlistment”.

He served four years on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends denial.  DPPAE states on 26 April  2004,  applicant
failed to refrain from driving without a valid  US  Forces,  Japan  license.
He received a suspended reduction to the grade of airman, 21 days  of  extra
duty and a letter of reprimand; he was later confined by  civil  authorities
for 14 days.  On  6  December  2004,  his  supervisor  recommended  him  for
reenlistment.  On 9 December 2004, his commander concurred and selected  him
for reenlistment.  On 1 October 2006, the Air Staff  placed  his  Air  Force
Specialty Code (AFSC) on the constrained listing requiring the applicant  to
compete for a career job reservation (CJR) quota.   He  did  not  rank  high
enough to be selected for a  CJR  and  was  subsequently  removed  from  the
waiting list.  Normally, members selected for reenlistment  but  failing  to
rank high enough to be selected to receive a CJR receive an RE code of  “3I”
– “airman selected for reenlistment”, but HQ AFPC removed the airman’s  name
from the CJR waiting list within 5 months of DOS.”  Since the applicant  did
not receive a CJR, the RE code of 4F remained on file  and  took  precedence
over the “3I” RE code.  In addition, DPPAE  states  that  other  first  term
airmen not receiving a CJR or approved retraining  are  not  separated  with
any RE codes beginning with a one.  To provide him relief with a one  series
RE code would be unfair to those other first term airmen not selected for  a
CJR; especially, when considering the others do not have lost  time  or  the
other negative factors like the applicant.  Based on  the  circumstances  of
his discharge, DPPAE finds no evidence or  injustice  and  states  that  the
applicant’s RE code is correct.

The complete DPPAE evaluation with attachments is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  19
January 2007 for review and comment within 30 days.  As of this date,  this
office has received no response (Exhibit D).

______________________________________________________________

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 error or an  injustice  warranting  corrective  action.   In
this respect, DPPAE has opined that while the applicant's current  narrative
reason for  separation  "Completion  of  Required  Active  Service"  is  the
correct code, normally, members selected for  reenlistment  but  failing  to
rank high enough to be selected to receive a CJR receive an RE code  of  3I.
Since the applicant did not receive a CJR, the RE code  of  4F  remained  on
file and took precedence over the 3I RE code.  In  view  of  the  above  and
taking into  consideration  his  commander’s  recommendation  for  continued
service, we believe that correction of his RE code to a waiverable  code  is
warranted based  on  the  merits  of  this  case.   Whether  or  not  he  is
successful in his attempts to return to the  military  will  depend  on  the
needs of the service and our recommendation in no  way  guarantees  that  he
will be  allowed  to  return  to  any  branch  of  service.   Therefore,  we
recommend that his records be corrected to the extent indicated below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected  to  show  that  on  19 September  2006,  he  was
discharged under the provisions of AFI 36-3208, paragraph 1-2,  (Secretarial
Authority) with Separation Program  Designator  (SPD)  Code  of  JFF  and  a
reenlistment eligibility (RE) code of 3K.

________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-03798
in Executive Session on 22 February 2007, under the provisions of  AFI  36-
2603:

                       Mr. James W. Russell III, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. Todd L. Schafer, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 4 December 2006, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPAE, dated 4 January 2007.
      Exhibit D.  Letter, SAF/MRBR, dated 19 January 2007.




                                   JAMES W. RUSSELL III
                                   Panel Chair


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office of the Assistant Secretary


AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002



XXXXXXX
XXXXXXX
XXXXXXX

XXXXXXX

      Reference your application, AFBCMR Docket Number BC-2006-03798,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      The Board determined that the military records should be corrected as
set forth in the attached copy of a Memorandum for the Chief of Staff
United States Air Force.  The office responsible for making the correction
will inform you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.  Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.




                       GREGORY E.  JOHNSON
                       Chief Examiner
                       Air Force Board for Correction
                       of Military Records


Attachment:
1.  Record of Proceedings
2.  Copy of Directive
3.  Customer Survey

cc:
DFAS-DE

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office of the Assistant Secretary

AFBCMR BC-2006-03798




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 19 September 2006,
he was separated under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a separation code of JFF and a reenlistment
eligibility (RE) code of 3K.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency





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