RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03532
				INDEX CODE:  110.00
	APPLICANT	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His reenlistment (RE) code be changed to allow him to enlist in the Mississippi Air National Guard.

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APPLICANT CONTENDS THAT:

He had just returned from Saudi Arabia and had plans to get married and wanted to cross-train into a new field and was never offered the opportunity.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force as airman basic on  27 Jan 94 for a period of 4 years.

On 1 Aug 95, the applicant received an Article 15 for wrongfully using his government credit card for unofficial purposes.  The applicant was found guilty by his commander who imposed punishment as follows: reduction in grade to airman and seven days extra duty.

The applicant's commander on 17 Apr 97, signed the Air Force Form 418, Selective Reenlistment Consideration, denying him reenlistment consideration due to financial irresponsibility, failing to go, lack of motivation and difficulty meeting training standards.  Applicant did not appeal.

The applicant was honorably discharged on 1 Jul 97, in the grade of senior airman, having not completed his first full term of service and issued an RE code of "2X."  He served three years of active service.

Applicant's EPR profile reflects the following:

			PERIOD ENDING 			OVERALL EVALUATION

			   17 Dec 95					2
			    2 Aug 96					3

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE states the applicant has not submitted any evidence to indicate that his commander's decision to deny him reenlistment was in error or inappropriate.  The fact that the applicant received an Article 15 is evidence enough to substantiate a denial of reenlistment.  Furthermore, the applicant has not satisfactorily provided evidence to support a change in his RE code.  DPPAE recommends the requested relief be denied (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 Mar 02, for review and response.  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 of timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  While the RE code assigned to the applicant, at the time, was technically correct and in accordance with the governing regulation, the Board believes it would be an injustice for the applicant to continue to suffer its effects.  It is noted that DPPAE recommended not changing the reenlistment code, but the Board believes that the applicant should be afforded the opportunity to apply for a waiver to enlist in the armed services.  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 branch of the service.  Therefore, we recommend his reenlistment code be changed to “3K.”

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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 1 July 1997, he was issued a Reenlistment Eligibility Code (RE) of “3K.”

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The following members of the Board considered AFBCMR Docket Number 01-03532 in Executive Session on 22 May 2002, 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 Dec 01, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 4 Mar 02.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Mar 02.

				

AFBCMR 01-03532
INDEX CODE:  110.00

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, SSN, be corrected to show that at the time of his discharge on 1 July 1997, he was issued a Reenlistment Eligibility Code (RE) of “3K.”