RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00095
		INDEX NUMBER:  110.00

	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His reentry code of 2x “first-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP) be changed to a code that will permit him to reenter the Air Force as an officer.

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APPLICANT CONTENDS THAT:

He was probably given a “2X” RE code due to his early separation during the strength reduction in 1990.  He does not believe it was intended to preclude him from reentering the Air Force as an officer over ten years later.

He has earned a Masters Degree and gained valuable experience, which have dramatically altered his qualifications to serve.  He provides copies of documents, including letters of reference that document that he meets all requirements for reentering the Air Force as an officer.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty as an airman on 14 Apr 89.  On 26 Dec 89, he requested separation under the provisions of the FY90 Extended Early Release Program effective 1 Feb 90.  On 12 Jan 90, the base commander approved the applicant’s request.  The applicant was voluntarily separated on 1 Feb 90 and issued a RE Code of “2X.”

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends the Board change the applicant’s RE code to 3K “Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate.  After a review of the applicant’s records, they could not find any documentation, such as an AF Form 418, Selective Reenlistment Consideration, denying the applicant reenlistment.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates in his response that since he served only 9 months, 17 days, he was never considered for under the SRP.  He voluntarily separated strictly to benefit the Air Force.  During his time in service, he honestly and faithfully performed his duties.

He disagrees with the Air Force recommendation to change his RE code to “3K.”  He believes his code should be one that reflects honorable service with no adverse APRs, disciplinary letters, or derogatory information.  Put simply, it should be “1J” since he would have been selected under SRP if considered.

He further believes that his position is justified by the fact that he is applying for a commission as an Air Force officer and that any reentry code other than a “1” will require additional time and expense on the part of the Air Force.  Since his “2X” RE code was unjustly entered on his DD Form 214 and is preventing his effort to become an officer, it is in the best interest of justice and in the best interest of the Air Force to change his RE code to “1J.”

The applicant’s complete response is at Exhibit E.

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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 error or injustice.  It is clear from the evidence of record that the RE code of “2X” given the applicant is incorrect.  We disagree, however, with the recommendation of the AFPC/DPPAE to change the applicant’s code to “3K.”  While it may be a preferable code to the current one, we believe that it would only serve to compound the injustice already done to the applicant.  As such, we believe that the RE code of “1J” requested by the applicant is appropriate.  There is nothing indicated in his record that should have precluded his reenlistment in the Air Force.  We note the letters of support provided to the applicant and his apparent qualifications to be considered for reentry into the Air Force as an officer.  Therefore, we recommend that the applicant’s records be corrected as indicated below.

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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 honorable discharge on 1 February 1990, he was issued a Reenlistment Eligibility Code of “1J.”

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The following members of the Board considered Docket Number 02-00095 in Executive Session on 5 June 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 9 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DDPAE, dated 4 Apr 02.
     Exhibit D.  Letter, SAF/MIBR, dated 19 Apr 02.
     Exhibit E.  Letter, Applicant, dated 9 May 02.