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AF | BCMR | CY2008 | BC-2007-02436
Original file (BC-2007-02436.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02436
            INDEX CODES:  100.05, 100.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “4” (Ineligible to enlist or
reenlist in the USAF) be changed to “1.”

His Air Force Specialty Code (AFSC) of 56750 be changed to 56750A.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code and AFSC on his DD Form 214, Armed Forces  of  the  United
States Report of Transfer or Discharge, are not correct.

In support of his appeal, the applicant provides an expanded statement
and extracts from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 3 Jul 57 for a period of four years in the
grade of airman basic.

He was released from active duty on 30 Jun 61 under the provisions  of
AFR 39-14 (Convenience of the Government).  He  was  credited  with  3
years, 11 months, and 28 days of total active service.

Applicant’s DD Form 214, Block 32 (Remarks), indicates he was assigned
an RE code of “4,” and that he retained a Primary AFSC of 56750.

On 1 Jul 61, he enlisted in the Air Force Reserve.  He  was  honorably
discharged on 2 Jul 63.

On 12 Sep 70, he enlisted in the Missouri Air  National  Guard  (ANG).
He reenlisted and continued to serve in the ANG until  28 Oct  80,  at
which time he was honorably discharged under the provisions of ANGR 39-
10.  He was credited with 16 years, 1 month,  and  16  days  of  total
service for pay.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating a review  of  the  applicant’s
records failed to determine any error or injustice as it  pertains  to
his RE code.  He did not provide any proof the RE code  is  in  error;
therefore, it is their position the RE code is correct.   Further,  if
the applicant has served 12 years in the ANG  and  has  been  employed
with the United States Army, they do not believe  there  is  a  viable
reason to change the code without solid proof the code is actually  in
error.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.

AFPC/DPPAC recommends denial noting the applicant provided an NGB Form
22, Report of Separation and Record of Service  in  the  Air  National
Guard of Missouri, reflecting he had prior  service  in  the  AFSC  of
56750A.  They indicated that effective 29 Feb 60, which was  prior  to
the applicant's separation on 30  Jun  61,  the  AFSC  of  56750A  was
deleted as an authorized identifier  in  the  military  classification
structure.  Therefore, the entry on his DD Form 214 that  he  retained
the AFSC of 56750 was correct.

A complete copy of the AFPC/DPPAC evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  30
Nov 07 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (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, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  No evidence has been presented which shows  to
our satisfaction the applicant’s RE code of  “4”  was  inappropriately
assigned.  Further, it does not appear it  barred  him  from  military
service in a Reserve component.  We also  are  not  persuaded  by  the
evidence presented that the applicant’s AFSC of 56750  was  erroneous.
In view of the foregoing, and in the absence of sufficient evidence to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

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-
2007-02436 in Executive Session on 21 Feb 08, under the provisions  of
AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mrs. Lea Gallogly, Member
      Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jul 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 18 Sep 07.
    Exhibit D.  Letter, AFPC/DPPAC, dated 31 Oct 07.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Nov 07.




                                   WAYNE R. GRACIE
                                   Panel Chair

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