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AF | BCMR | CY2010 | BC-2009-03541
Original file (BC-2009-03541.txt) Auto-classification: Denied
		RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2009-03541
			COUNSEL:  NONE
			HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment (RE) code of 2X (first-term, second-term or 
career airman considered but not selected for reenlistment under 
the Selective Reenlistment Program) be changed to an enlistment-
eligible code.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She received her RE code due to strength reduction.  She feels 
this code was given to her unjustly due to personality 
conflicts.

She was found to be a good airman for a period of practically 
ten years but approximately three weeks prior to her 
reenlistment, she was told that she was no longer Air Force 
material. She has since reenlisted into the Air National Guard 
and has been with her unit for almost ten years.  

She feels the unjust action took away her ability to be promoted 
with her peers and obtain a retirement from an active duty 
component.  She was unable to reenlist into many components 
because of her RE code

She would like to have her record corrected and any and all 
injustices associated with this infraction corrected and 
annotated in her retirement file.

She never received anything other than a counseling statement 
during her 10 years of service.  

She has no copies of her personnel records as they were changed 
numerous times prior to her situation to include being informed 
she, as an E-4 sergeant, was disrespectful to an E-3 airman, 
when asked about a copy on a copier.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Available records reflect the applicant entered the Regular Air 
Force on 2 Feb 83 and was honorably discharged under the early 
separation program due to strength reduction on 15 Sep 88 and 
received an RE code of 2X.  Her DD Form 214, Certificate of 
Release or Discharge from Active Duty, issued in conjunction 
with her 15 Sep 88 discharge, reflects she was credited with 
5 years, 7 months, and 14 days of active service and 4 years, 
1 month, and 12 days of prior active service.

She enlisted in the Georgia Army National Guard on 5 Jan 00 and 
served for a period of 1 year, 9 months, and 7 days.  She was 
discharged on 12 Oct 01 for reenlistment into the Air National 
Guard. 

She enlisted in the Air National Guard (ANG) on 11 Aug 03 and 
was honorably discharged on 3 Apr 04 with the narrative reason 
for separation of completion of required active duty training.  
She was credited with 7 months and 23 days of active service.  
Her DD Form 214 for this period of service does not have a 
separation code or reenlistment code in accordance with ANG 
instructions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends the application be time barred and if the 
Board considers the application, it be denied, as she has not 
provided proof of an error or injustice. 

Further, DPSOA states that although there are no records to 
verify her RE code, she would have had to have an ineligible RE 
code to be affected by the early separation/strength reduction 
program.

The complete AFPC/DPSOA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the 
applicant on 11 Dec 09 for review and comment within 30 days 
(Exhibit D).  As of this date, this office has not received a 
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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We note that 
when members are separated from the Air Force, they are 
furnished an RE code predicated upon the quality of their 
service and the circumstances at the time of their separation.  
The evidence of record indicates the applicant was discharged 
under the Early Separation Program, as part of a force shaping 
initiative, and assigned an RE code of 2X.  This particular code 
is given to first or second-term airmen who are considered and 
nonselected for reenlistment under the Selective Reenlistment 
Program.  Based on the available evidence, the RE code 
accurately reflects the circumstances of her separation, and we 
are not persuaded the applicant was improperly denied 
reenlistment because of an abuse of discretionary authority 
resulting from personality conflicts.  Further, since it appears 
the applicant was able to enlist in the Air National Guard, the 
RE code of 2X has not been a bar to her further service in the 
military.  In view of the above, and in the absence of evidence 
to the contrary, we find no basis upon which to recommend 
granting the relief sought in this application.

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 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 Docket Number BC-
2009-03541 in Executive Session on 4 February 2010, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Sep 09.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPSOA, dated 19 Nov 09.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Dec 09.




                                  
                                   Panel Chair

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