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AF | BCMR | CY2009 | BC-2008-01812
Original file (BC-2008-01812.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-
01812
                                        INDEX CODE:  110.00
                                        COUNSEL: NONE
                                        HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her reentry (RE) of code 2X (First-term, second term  or  career  airman
considered  but  not  selected  for  reenlistment  under  the  Selective
Reenlistment Program) be changed  to  allow  her  renter  into  military
service.

________________________________________________________________

APPLICANT CONTENDS THAT:

She received an honorable discharge but the RE code  she  received  made
her ineligible for reenlistment.

In support of her appeal, applicant submitted  copies  of  her  Enlisted
Performance Reports (EPRs).

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

________________________________________________________________

STATEMENT OF FACTS:

On 10 Feb 00, the applicant contracted her initial  enlistment  in  the
Regular Air Force.  She was progressively  promoted  to  the  grade  of
staff sergeant having assumed the grade effective and with  a  date  of
rank of 1 Feb 05.

On 12 Dec 07, the applicant’s supervisor initiated an AF Form  418  and
nonrecommended her for reenlistment.   On  18  Dec  07,  the  commander
concurred and nonselected her for reenlistment.  She  acknowledged  the
nonselection action and indicated her intent to appeal.  Her appeal was
denied on 10 Mar 08.

She was honorably discharged on 25 Mar 08.  She served 8 years, 1 month
and 16 days on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends  the  requested  relief  be  denied.   Air  Force
Instruction (AFI) 35-2602 states commanders have selective reenlistment
selection or nonselection authority.  Commanders consider  the  service
members EPR  ratings,  unfavorable  information  from  any  substantial
source, the airman’s willingness to comply with Air Force standards and
the airman’s ability (or lack of) to meet required  training  and  duty
performance levels.

DPSOA found no evidence of error or injustice.  The applicant  did  not
provide any evidence to support her request.

AFPC/DPSOA's complete 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 13
Apr 08 and 25 Apr 08 for review and response 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 timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate
the existence of an error or an  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 and adopt its rationale as  the  basis
for our conclusion that the applicant has failed to sustain her  burden
of proof of the existence of an error or injustice.  Therefore, in  the
absence of 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-
2008-01812 in Executive Session on 8 Aug 08, under  the  provisions  of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Josephine L. Davis, Member
                 Mr. Kurt R. LaFrance, Member

The following documentary evidence pertaining was considered:

   Exhibit A.  DD Form 149, dated 14 Apr 08, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSOS, dated 5 Jun 08.
   Exhibit D.  Letter, SAF/MRBR, dated 13 Jun 08.




                                        THOMAS S. MARKIEWICZ
                                        Chair

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