RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02326
		INDEX CODE:  100.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed to allow enlistment in the Air Force Reserves.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She completed her active duty service and received an honorable discharge in September 1997.  She attempted to enter the Air Force Reserves in January 2002 and was denied admittance due to the RE code on her DD Form 214, Certificate of Release or Discharge from Active Duty.  The applicant states that she does not know why she was given (RE) code 2X and she believes the RE code is a clerical error.

In support of her request,  the applicant provided a copy of her DD form 214, two (2) recommendation letters and a personal statement.   

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic in June 1988 for a term of 4 years.  She received a Referral Enlisted Performance (EPR) on 23 December 1996, for failure to comply with a lawful order and failure to go and unprofessional dress and appearance.  She was honorably discharged on 13 September 1997 after serving nine (9) years, two (2) months and twenty-nine (29) days active service.  She received an RE code of 2X “First-term, Second-term, or career airman considered but not selected for reenlistment under the SRP” when she was discharged.

Examiners Note:  Separation Program Designator (SPD) code LBK denotes “Completion of Required Active Service”.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE indicates that based on a review of the applicant’s records, the applicant’s duty performance was generally substandard.    Based on her latest EPR DPPAE concluded that her commander denied her reenlistment.  The applicant has not satisfactorily indicated the commander’s action to deny reenlistment was inappropriate or not in compliance with Air Force Policy.  DPPAE recommends the applicant’s request be denied.  

The DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 Jan 03, for review and comment within 30 days.  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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warranting corrective action.  After reviewing the evidence submitted, we believe that reasonable doubt exists as to whether or not the applicant was provided the proper guidance and counseling that would have been appropriate during the processing of her nonselection for reenlistment.  There is no available evidence to indicate that she was identified as ineligible to reenlist, or that her commander denied her reenlistment.  It is our opinion, that in cases where reasonable doubt exists, the outcome of such should be resolved in favor of the applicant.  In view of this, we believe it would be in the best interest of equity and justice that her RE code be changed to a waiverable code.  Whether or not she is successful will depend on the needs of the service and our recommendation in no way guarantees that she will be allowed to return to any branch of service.  

_________________________________________________________________

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 her discharge on 13 September 1997, her reenlistment eligibility (RE) code was 3K.

_________________________________________________________________

The following members of the Board considered Docket Number 02-02326 in Executive Session on 12 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, undated.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPAE, dated 2 Jan 03.
	Exhibit D.	Letter, SAF/MRBR, dated 4 Oct 02.

	

AFBCMR 02-02326	

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 at the time of her discharge on 13 September 1997, her reenlistment eligibility RE code ws RE-3K.