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AF | BCMR | CY2009 | BC-2008-01993
Original file (BC-2008-01993.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01993
            INDEX CODE:  112.00
            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  SRP,  and  his
separation code of JBK - Completion of Required Active Service, be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was informed that he would be able to reenlist if he chose to do so at  a
later date.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 August 2002  in  the  grade
of airman basic.  He was progressively  promoted  to  the  grade  of  senior
airman having assumed that grade effective and with a  date  of  rank  of  6
December 2004.  He served as an Aerospace Maintenance Journeyman.

On 12 February 2007, the applicant's supervisor initiated an  AF  Form  418,
Selective Reenlistment Program Consideration, and  non-recommended  him  for
reenlistment.   His  supervisor   stated   the   applicant's   on/off   duty
performance/conduct over the past year had slowly degraded  to  unacceptable
levels.  He had received numerous Letters of Reprimand (LORs) for  financial
irresponsibility and bad conduct, yet he had not improved to  an  acceptable
level.

On  12  February  2007,  the  applicant's  commander  concurred   with   the
recommendation and did not  select  him  for  reenlistment.   The  commander
stated  the  applicant's  past  duty  performance  was   incompatible   with
continued military service.  He failed  to  demonstrate  potential  to  meet
and/or exceed minimum military standards.

On 15 February 2007, the applicant acknowledged receipt of the  notification
of nonselection for reenlistment.

On 20 February 2007, the applicant elected not  to  appeal  the  commander's
decision.

The applicant was honorably discharged  on  1  August  2007.   He  served  4
years, 11 months and 26 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states  AFI  36-2606,  Reenlistment  in
the USAF, states commanders have selective reenlistment  selection  or  non-
selection  authority.   SRP  consideration  includes  the  members  Enlisted
Performance  Report  (EPR)  ratings,  unfavorable   information   from   any
substantiated source, the willingness to comply  with  Air  Force  standards
and/or the  ability  (or  lack  of)  to  meet  required  training  and  duty
performance levels.  DPSOA noted the  applicant's  EPR  for  the  period  16
January 2006  through  15  January  2007.   In  this  referral  report,  the
applicant's conduct on/off duty was unacceptable and the  overall  promotion
recommendation was 2 - Not Recommended at this Time.

DPSOA found no evidence of error or injustice.   The  applicant's  commander
denied  his   reenlistment   based   on   the   supervisor   recommendation,
substantiated unfavorable information and well  documented  failure  of  the
applicant to comply with Air Force standards; therefore, RE code  of  2X  is
correct.  Additionally, the applicant  contends  that  he  was  informed  he
would be able to reenlist if he chose to do so.  DPSOA found no evidence  of
anyone in an official nature that advised the applicant  he  could  reenlist
if he chose to do so.  It was evident via the AF IMT 418,  that  he  is  not
able to reenlist, thus not eligible to return later.  With that being  said,
any service component/employer may waive the  RE  code  to  permit  reentry;
however, the Air Force has decided  the  applicant  is  not  acceptable  for
continued service or prior service employment.

The complete DPSOA evaluation is at Exhibit C.

AFPC/DPSOS recommends denial.  DPSOS states the  documentation  on  file  in
the  master  personnel  records  supports  the  basis  for  discharge.   The
discharge was consistent with the procedural  and  substantive  requirements
of the discharge instruction and was within the discretion of the  discharge
authority.  The applicant did  not  submit  any  evidence  or  identify  any
errors  or  injustices  that  occurred  in  the  discharge  processing.   He
provided no facts warranting a change to his separation code.

The complete DPSOS evaluation is at Exhibit D.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29  August  2008,  copies  of  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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or an injustice.   After  a  thorough  review  of  the
evidence of record and the applicant’s submission, it is  our  opinion  that
given the circumstances surrounding his separation from the Air  Force,  the
reentry and separation codes assigned were proper  and  in  compliance  with
the appropriate directives.  The applicant has  not  provided  any  evidence
which would lead us to believe otherwise.   Therefore,  we  agree  with  the
opinions  and  recommendations  of  the  Air  Force   offices   of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice.   In
the absence of evidence to the contrary, we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 this application in  Executive
Session on 23 October 2008, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Elwood C. Lewis III, Member
                 Mr. Kurt R. LaFrance, Member





The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2008-01993 was considered:

   Exhibit A.  DD Form 149, dated 29 April 2008.
   Exhibit B.  Applicant's Master Personnel Record.
   Exhibit C.  Letter, AFPC/DPSOA, dated 28 July 2008.
   Exhibit D.  Letter, AFPC/DPSOS, dated 6 August 2008.
   Exhibit E.  Letter, SAF/MRBR, dated 29 August 2008.





                 THOMAS S. MARKIEWICZ
                 Chair

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