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AF | BCMR | CY2008 | BC-2008-00656
Original file (BC-2008-00656.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-00656
            INDEX CODE: 112.10
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  YES

______________________________________________________________

APPLICANT REQUESTS THAT:

His reentry code of “2X” which denotes "First-term, second-term,  or  career
airman considered but not  selected  for  reenlistment  under  the  SRP"  be
changed to reentry code “1A” which  denotes  "Ineligible  to  reenlist,  but
condition waived."

________________________________________________________________

APPLICANT CONTENDS THAT:

His supervisor was biased; however, he accepts partial  responsibility  for
the reentry code he received.  He is trying to become an  officer  but  his
reentry code is preventing him from doing so.   He  received  an  honorable
discharge from the Air National Guard and has earned a college degree.

In support of his request, the applicant submits a copy of his NGB Form 22,
Report of Separation  and  Record  of  Service;  NGB  Form  438,  Honorable
Discharge certificate; AF Form 1235,  Certificate  of  Training,  character
reference letters and a copy of his resume.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 1 July 1998 for  four  years  in  the
grade of E-1.

On 30 August 2002, he was discharged in the grade of airman first class  (E-
3) with service characterized as honorable and  was  assigned  reentry  code
2X.

He served four years and two months on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOA recommends denial.  DPSOA states  the  Selective  Reenlistment
Program (SRP) considers Enlisted  Performance  Report  ratings,  unfavorable
information from any substantial source, the airmen's willingness to  comply
with Air Force standards and/or the ability (or lack of)  to  meet  required
training and duty performance levels.  DPSOA found no evidence of  error  or
injustice; nor did he submit any evidence of any. Although his records  have
been purged, it is DPSOA’s position that his records are correct  and  valid
as written, regardless of the availability of  his  records  and  supporting
documentation.  The reentry code "1A” is not a viable reenlistment code  and
members are not separated with this code.

The complete DPSOA 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  25
April 2008 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 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 injustice warranting corrective action.   Even  though  the
applicant has provided no evidence  to  show  that  his  reentry  code  was
improper or not in compliance with the appropriate regulations, it  is  our
opinion that partial relief is warranted in this case.   In  this  respect,
after careful review of the available military personnel records,  we  note
that his records did not contain any evidence supporting  his  nonselection
for reenlistment under  the  SRB.   Noting  that  he  has  since  earned  a
bachelor’s degree, maintained his security  clearance  and  was  issued  an
honorable discharge for his service, we believe a good  probability  exists
that he may be able to provide effective  and  meaningful  service  to  our
nation as a member of the  armed  forces.   Accordingly,  we  believe  that
correction of his reentry code to a waiverable code is warranted.   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.
Accordingly, we recommend his records be corrected to the extent  indicated
below.

4.  The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially  add  to
our understanding of the issues involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to  APPLICANT,  be  corrected  to  show  that  on  30 August  2002,  he  was
discharged under the provisions of AFI 36-3208, paragraph 1-2,  (Secretarial
Authority) with a Separation  Program  Designator  (SPD)  Code  of  KFF  and
reentry code of 3K.

______________________________________________________________

The following members of the Board considered Docket  Number  BC-2008-00656
in Executive Session on 5 June 2008, under the provisions of AFI 36-2603:

                 Mr.  Thomas S. Markiewicz, Chair
            Mr.  Allen A. Blomgren, Member
            Mr.  Anthony P. Reardon, Member

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

    Exhibit A.  DD Form 149, dated 28 January 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOA, dated 15 April 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 25 April 2008.




                                   THOMAS S. MARKIEWICZ
                                   Chair







[pic]

Office of the Assistant Secretary

AFBCMR BC-2008-00656




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 XXXXXX, XXXXXXX, be corrected to show corrected to show that  on
30 August 2002, he was he was discharged under the  provisions  of  AFI  36-
3208, paragraph 1-2,  (Secretarial  Authority)  with  a  Separation  Program
Designator (SPD) Code of KFF and reentry code of 3K.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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