RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02258

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The reenlistment eligibility code (RE) be changed from 2K to RE 4D to allow him to enter the Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In essence, his RE code is incorrect because he was honorably discharged.

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

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS stated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He has not filed a timely request.

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

AFPC/DPPAE stated that the applicant was released from active duty on 15 Oct 96 with an honorable characterization of service after serving 9 years and 2 months.  He received an RE code of 2K, “Has been formally notified by the unit commander of initiation of involuntary separation action.”  Since the reduction in force program was a mandatory program to reduce the force and 2K was the RE code authorized to closely relate to the program, there is no justification for a change.  However, if the Board wishes to grant the applicant relief they recommend changing his 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 D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 21 Sep 01, for review and response within 30 days.  However, 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 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 circumstances surrounding applicant’s separation from the Air Force, we believe that the RE code in question is unjust.  In this regard, we note that the applicant was separated due to a reduction in force.  The Air Force states that the only RE code that closely relates to this reason is “RE-2K.”  While this may be correct, we believe that in view of applicant’s overall record and his apparent desire to serve in the Air National Guard, he should not be denied the opportunity to apply for reenlistment in the armed forces if he desires.  Therefore, we recommend that his record be corrected to show he was issued an RE code of “3K” (Reserve for use by HQ AFPC and the AFBCMR) at the time of separation.  Applicant’s request for an RE code of “4D” was considered; however, we believe that the more appropriate code would be “3K.”  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 any branch of the service.  Therefore, we recommend his RE code be changed to “3K.”
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, in conjunction with his entry level separation on 11 October 1996, he was issued a reenlistment eligibility (RE) code of “3K,” rather than “2C.”

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 15 November 2001, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member

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

	Exhibit A.	DD Form 149, dated 20 Jul 01, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 23 Aug 01.
	Exhibit D.	Letter, AFPC/DPPAE, dated 12 Sep 01.
	Exhibit E.	Letter, SAF/MIBR, dated 21 Sep 01.

AFBCMR 01-02258

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 APPLICANT be corrected to show that, in conjunction with his release from active duty on 11 October 1996, he was issued a reenlistment eligibility (RE) code of “3K,” rather than “2K.”