RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02023
		INDEX CODE:  110.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he may enlist in the Air Force Reserves.

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APPLICANT CONTENDS THAT:

After serving 8 1/2 years of honorable service, he should be able to reenlist in the Reserves and continue his career.

In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 9 Jul 90.  He was progressively promoted to the grade of senior airman, having assumed that grade effective and with a date of rank of 31 May 94.  

On 26 Mar 98, the applicant's supervisor prepared an AF Form 418, Selective Reenlistment Program Consideration, and recommended that he not be selected for reenlistment.  The specific reason for this action was the applicant's failure to perform up to standards.  He was previously denied reenlistment and subsequently brought his performance up to minimum standards only to slip back down after his reenlistment.  In addition, he was on the Control Roster for unsatisfactory conduct.  On that same date, his commander concurred with the recommendation and rendered the applicant ineligible for reenlistment.  On 9 Jan 99, the applicant was released from active duty at the completion of his required service.  He served 8 years, 6 months, and 21 days on active duty.  He was assigned RE code 2X "First term, second term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)."

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AIR FORCE EVALUATION:

AFPC/DPPAE reviewed applicant's request and recommends denial.  DPPAE states that he has not indicated that the commander's action was inappropriate or not in compliance with Air Force policy.  The DPPAE evaluation is at 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 11 Oct 02 for review and comment within 30 days.  As of this date, this office has received no response.

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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 an injustice.  Even though the applicant has provided no evidence to show that his separation was improper or not in compliance with the appropriate regulations, it is our opinion that relief is warranted in this particular case.  In this respect, we note that the decision to separate the applicant was not based on misconduct and we believe that a good probability exists that he may be able to provide effective and meaningful service to our nation as a member of the Air Force Reserves.  In view of this, based on clemency, we believe that his RE code should be changed to a waiverable code in order to provide the applicant an opportunity to apply for entry into the Reserves.  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 service.  Therefore, we recommend that his records be corrected to the extent 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 on 9 January 1999, he was separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K.

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The following members of the Board considered Docket Number 02-02023 in Executive Session on 4 Dec 02, 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 18 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 8 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Oct 02.

								Panel Chair

AFBCMR 02-02023

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 on 9 January 1999, he was separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K.

                                                                            Director
                                                                            Air Force Review Boards Agency