RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  01-01308
							INDEX CODE:  112.10

							COUNSEL:  NONE

							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from 2I to 1J to allow him the opportunity to reenlist in the Air National Guard.

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APPLICANT CONTENDS THAT:

Upon discharge from the Air Force he was given the 2I RE code on his DD 214 because he was a non-US citizen serving an enlistment.  He became a citizen of the United States of American (USA) on December 9, 1993 and he feels that the RE code should be changed to a 1J.

In support of the appeal, applicant submits a copy of a Certificate of Naturalization, #20256644, which states that he is a citizen of the USA.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 30 August 1988.

The applicant, while serving in the grade of airman first class, was discharged from the Air Force on 17 April 1992 under the provisions of AFR 39-10 (voluntary mscellaneous reasons) and received an honorable discharge.  He served 3 years, 7 months and 18 days total active service.

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AIR FORCE EVALUATION:

The Assistant Chief, Skills Management Branch, AFPC/DPPAE, reviewed the application and states that the code of 2I, “Non-U.S. citizen serving on initial enlistment with an honorable characterization of service” is correct.  If administrative relief is offered by the Board, since the applicant was ineligible to reenlist due to being a non-US citizen, they recommend changing his RE code to 3K, “Reserved for use by HQ AFPC or the Air Force Board for Correction of Military Records (AFBCMR) when no other reenlistment eligibility code applies or is appropriate.

A complete copy of the evaluation is attached at Exhibit C.

The Assistant NCOIC, Separation Procedures Section, AFPC/DPPRS, reviewed the application and states that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.

A complete copy of their evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 June 2001, complete copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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 probable error or injustice.  After reviewing the evidence of record, the Board notes that applicant was denied reenlistment in the Air National Guard for failing to become a U.S. citizen.  However, the Board also notes that he received his U.S. citizenship on 9 December 1993.  Therefore, we believe his RE code should be changed to “3K” (Reserved for use by HQ AFPC or the Air Force Board for Correction of Military Records (AFBCMR) when no other reenlistment eligibility code applies or is appropriate).  This code would afford him the opportunity to apply for a waiver to reenlist in the armed forces if he desires to do so.  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 other branch of the service.  We considered applicant’s request for an RE code of “1J”.  However, since the RE code issued was correct at the time of his discharge in 1992, and in view of the fact that he has been discharged for over nine years, we do not believe that a further change in his RE code is justified.

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THE BOARD RECOMMENDS 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 17 April 1992, he was issued a Reenlistment Eligibility (RE) code of “3K.”

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The following members of the Board considered this application in Executive Session on 16 August 2001, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 2 May 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 4 Jun 01.
   Exhibit D.  Letter, AFPC/DPPRS, dated 15 Jun 01.
   Exhibit E.  Letter, AFBCMR, dated 29 Jun 01.

                                   Panel Chair 

AFBCMR 01-01308
INDEX CODE:

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, be corrected to show that at the time of his discharge on 17 April 1992, he was issued a Reenlistment Eligibility (RE) code of “3K.”

                                                                              Director
                                                                              Air Force Review Boards Agency