RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00213
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reentry  code  of  "2X  -  First-term,  second-term,  or  career  airman
considered  but  not  selected  for   reenlistment   under   the   Selective
Reenlistment Program (SRP)" be changed to a code that  would  allow  him  to
reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not denied reenlistment and believes the RE code  is  in  error.   He
voluntarily resigned from the Air Force.  He states he desires to enlist  in
the Michigan Air National Guard or Air Force Reserves.

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

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 10 January 1984 in the  grade
of airman basic.

On 24 May 1990, applicant operated a  passenger  vehicle  while  drunk.   He
received nonjudicial punishment under Article 15  of  the  Uniform  Code  of
Military Justice (UCMJ).  His punishment consisted of a suspended  reduction
in grade from sergeant to the grade of airman first class, a  forfeiture  of
$175.00 pay for one month and 14 days extra duty.







Applicant was honorably released from active duty on 30  July  1992  in  the
grade of  staff  sergeant  (SSgt)  under  the  provisions  of  AFR  39-10  -
Involuntary Expiration Term of Service.  He served 8 years, 6 months and  21
days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS states IAW AFR  39-10,  paragraph  2.2,
the applicant separated at his ETS with a  separation  code  of  LBK  and  a
narrative reason for separation "Involuntary Expiration  Term  of  Service."
AF Form 973, Request and Authorization for Change of  Administrative  Order,
states applicant applied for Fiscal Year 1992 (FY92) DOS  Rollback  program.
After carefully considering all evidence presented, there is  no  change  in
applicant's discharge.  The  service  of  an  airman  separated  at  ETS  is
characterized as honorable.  The applicant initiated discharge  by  applying
for separation at his ETS.  The discharge authority approved the  separation
and directed an honorable discharge.

Based on the documentation on file in  the  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.  The  applicant  did  to  submit  any  evidence  or
identify  any  errors  or  injustices  that  occurred   in   the   discharge
processing.  He provided no facts warranting a change to his RE code.

AFPC/DPSOS’ complete evaluation is at Exhibit C.

AFPC/DPSOA states according to the applicant, he voluntarily  separated  and
during out processing he noted the RE code was  incorrect.   However,  there
is no documentation to support the  applicant's  claim,  nor  is  there  any
change made to the applicant's RE code at the port of separation.

No evidence of error was found.  The Board may presuppose  the  records  are
correct as written unless some additional documentation is provided  by  the
applicant relating to  his  reenlistment  eligibility.   Nevertheless,  they
note favorable action by the commander (promotion  eligibility);  therefore,
the Board may want  to  consider  that  and  provide  some  relief,  as  the
applicant's recent promotion (SSgt effective and with a date of  rank  of  1
April 1991) could lend itself to favorable retention  consideration  by  the
commander.

AFPC/DPSOA's complete evaluation is at Exhibit D.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 March 2008, the evaluations were forwarded to the applicant for  review
and comment within 30 days (Exhibit E).  As of this date,  this  office  has
received no response.

_________________________________________________________________

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 injustice.  While the reentry code assigned to  the
applicant, at the time, was technically correct and in accordance  with  the
applicable regulation, the Board believes it would be an injustice  for  the
applicant to continue to  suffer  its  effects.   It  is  noted  that  DPSOA
recommends changing the reentry  code,  and  the  Board  believes  that  the
applicant should be afforded the  opportunity  to  apply  for  a  waiver  to
enlist in the armed services.  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 the Air Force  or  any  branch  of  the
service.  Accordingly, we recommend 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  30
July 1992, his reentry code was 3K.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 May 2008, under the provisions of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Vance E. Lineberger, Member
                 Mr. Don H. Kendrick, Member





All members voted to correct the records,  as  recommended.   The  following
documentary evidence pertaining to AFBCMR Docket  Number  BC-2008-00213  was
considered:

   Exhibit A.  DD Form 149, dated 7 January 2008, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOS, dated 22 February 2008.
   Exhibit D.  Letter, AFPC/DPSOA, dated 26 February 2008.
   Exhibit E.  Letter, SAF/MRBR, dated 7 March 2008.





                       KATHLEEN F. GRAHAM
                       Panel Chair





AFBCMR BC-2008-00213




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 XXX, be corrected to show that at the time of his discharge on
30 July 1992, his reentry code was 3K.





      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency