RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03383
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reentry (RE) code of 2X (First-term, second term or career  airman
considered but not  selected  for  reenlistment  under  the  Selective
Reenlistment Program (SRP) be changed in a  manner  to  allow  him  to
enter the Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his RE code was  issued  in  error.   He  was  voluntarily
separated as a part of Force Management and received separation pay.

In support of his appeal, applicant submitted a copy of his  DD  Form
214, Certificate of Release or Discharge from  Active  Duty,  and  DD
Form 293, Application for the review  of  Discharge  from  the  Armed
Forces of the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 9 Aug 90, the applicant contracted his initial  enlistment  in  the
Regular Air Force.  He was progressively  promoted  to  the  grade  of
senior airman having assumed the grade effective and with  a  date  of
rank of 9 Aug 93.

His DD Form 214 reflects he was honorably released from active duty on
30 Mar 98.  It further reflects he received  separation  pay  and  was
subject to recall to active duty and or annual screening.

The Report of Individual Personnel (RIP) dated 19 Feb 98  reflects  an
RE code of 4J, which denotes entered into Phase I  of  the  Air  Force
Weight  Program,  or  the  unit  commander  has  declared  the  airman
ineligible to reenlist for a period of Phase II or probation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends changing the applicant's RE code to 3K-"Reserved
for use by HQ AFPC or the Air Force Board for Correction  of  Military
Records (AFBCMR) when no other reenlistment eligibility  code  applies
or is appropriate."  DPSOA states his records do not reflect denial of
a reenlistment action nor does it support the 4J RE code reflected  on
the 19 Feb 98 RIP.  If he had received the 2X code, there should be  a
RIP with 2X near his separation date.  There is no AF IMT 418  in  his
records or in the personnel system reflecting the  commander's  denial
of his reenlistment.  His enlisted performance report for  the  period
ending 31 Aug  97  reflects  a  highly  qualified  member  and  has  a
promotion recommendation of 5-Immediate  Promotion  and  Section  III,
Block 3 is marked "Sets the standards for  others  to  follow."   Also
during that period he was handpicked to perform security for General S-
-/Chairman of Joint Chiefs of Staff, Secretary of the Air  Force,  the
Honorable S-- W--, and General F-- the Air Force Chief of Staff.

AFPC/DPSOA’s complete evaluation is at Exhibit C.

AFPC/DPSOS recommends his DD  Form  214  be  changed  to  reflect  the
separation code of  "KFF"  and  a  narrative  reason  of  “Secretarial
Authority" and no recoupment of the separation he received.

AFPC/DPSOS’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant 10
Oct 08 for review and comment within 30 days.  As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or an injustice warranting  partial  relief.
In this respect, the applicant  is  requesting  his  reentry  code  be
changed to allow him to enlist in the Air National  Guard.   Based  on
the available evidence, we are unable to ascertain  the  circumstances
surrounding the reason for his discharge.  AFPC/DPSOA opines that  the
reentry code currently reflected on his discharge documents  does  not
accurately reflect the circumstances of his discharge  and  should  be
corrected.  After a review of the evidence of record, it appears  that
reasonable doubt  has  been  established  showing  that  his  assigned
reentry code may not be the appropriate code.  It is our opinion  that
the benefit of doubt in this matter should be resolved  in  his  favor
and we recommend his reentry code be changed  to  reflect  "3K."   Our
recommendation will  not  afford  the  applicant  the  opportunity  to
immediately reenlist as he is requesting, but will allow him to  apply
for a waiver to enlist.  Whether or not he is successful  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.
 Accordingly, we recommend the applicant's 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 at the time of  his
discharge on 30 March 1998, his reentry eligibility  (RE)  code  was
3K.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-03383 in Executive Session on 18 Nov 08 under the  provisions  of
AFI 36-2603:

                       Mr. Gregory A. Parker, Panel Chair
                       Mr. Jeffery R. Shelton, Member
                       Ms. Karen A. Holloman, Member

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

   Exhibit A.  DD Form 149, dated 23 Jun 08.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOA, dated 28 Jul 08.
   Exhibit D.  Letter, AFPC/DPSOS, dated 25 Sep 08.
   Exhibit E.  Letter, SAF/MRBC, dated 10 Oct 08.




                                        GREGORY A. PARKER
                                        Panel Chair












AFBCMR BC-2007-03383



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     , be corrected to show that at the time of
his discharge on 30 March 1998, his reentry eligibility (RE) code
was 3K.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency