RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02857
				INDEX CODE:  110.00
	APPLICANT	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her reenlistment code (RE) be changed to allow her to join the Air Force Reserve.

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APPLICANT CONTENDS THAT:

She was not notified of the RE code change.

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 on 7 July 1986, as an airman for a period of four (4) years.

On 14 May 1987, the applicant was notified of her commander’s intent to impose nonjudicial punishment upon her for the following:  on or about 28 December 1988, without authority, she failed to go at the time prescribed to her appointed place of duty.

On 21 May 1987, after consulting with counsel, applicant waived her right to a trial by court-martial, requested a personal appearance and did not submit a written presentation.

On 26 May 1987, she was found guilty by her commander who imposed the following punishment:  forfeiture of $172.00 of pay, ordered to undergo correctional custody for 30 consecutive days.  The execution of the  portion of the punishment which provided for 30 consecutive  days of correctional  custody was  suspended until 25 November 1987 at which time, unless the suspension was sooner vacated, it could be remitted without further action.

On 4 January 1989, applicant was notified of her commander’s intent to impose nonjudicial punishment upon her for the following:  on or about 8 May 1987, the applicant without authority, failed to go at the time prescribed to her appointed place of duty.

On 9 January 1989, after consulting with counsel, applicant waived her right to a trial by court-martial, requested a personal appearance and did not submit a written presentation.

On 9 January 1989, she was found guilty by her commander who imposed the following punishment:  reduction to the grade of airman, suspended until 8 July 1989 at which time it would be remitted without further action unless sooner vacated, and 14 days’ extra duty.

The applicant’s commander notified her on 6 July 1989, that he was not recommending her for promotion because she received an Article 15 dated 9 January 1989 for failure to go to her appointed place of duty and a Unfavorable Information File (UIF) was established on 20 December 1988.  The duration of the nonrecommendation was from 10 July 1989 to 9 December 1989.

The applicant requested and was approved for a voluntary separation for pregnancy.  The applicant was honorably discharged on 15 August 1989, in the grade of airman first class.  She served three years, one month and nine days of active service.  She was given an RE code of 3B which denotes first-term, second-term or career airman, with 13 months or less before ETS who was ineligible to reenlist (tables 6-2, 6-3, or 6-4), whose ineligibility factor or condition has been resolved and is now due for SRP consideration or reconsideration.  Airmen are not separated with this code.

On 19 September 1989, a DD Form 215 was issued correcting the RE code to 2X which indicates a first-term, second-term, or career airman considered but not selected reenlistment under the SRP.

Applicant's EPR profile reflects the following:

			PERIOD ENDING 			OVERALL EVALUATION

			   30 May 88					8
			  *30 May 89					2 (NEW SYSTEM)

*Referral Report

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AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of her discharge.  Based upon the documentation in the applicant’s records, they believe her discharge was consistent with the procedural and substantive requirements of the discharge regulations.  Also, the discharge was within the sound discretion of the discharge authority.  The applicant did not provide any facts to warrant upgrading her discharge.  Based on the information and evidence provided they recommend the request be denied.

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

HQ AFPC/DPPAE states the applicant was voluntary discharged under honorable conditions with RE code 2X “First term, second-term, or career airman considered but not selected for reenlistment under the SRP.”  Furthermore, the applicant has not provided evidence to support that the commander’s action to deny reenlistment was inappropriate or not in compliance with Air Force policy.  Therefore, the 2X RE code the applicant received is correct.  DPPAE recommends the applicant’s request be denied (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and states she was not aware of the RE code change until she enlisted in the Maryland Army National Guard in 1997.  She further states that she was not denied reenlistment; she was not up for reenlistment status rather, she was contemplating cross training into another career field at the time of her three year mark.  She was promoted to airman first class.  She spoke with the NCO of the medical group and informed him that she could not cross train and would be separating voluntarily for pregnancy.  Her son was born with a medical condition that required extensive medical care for the first three years of his life.  She decided to put her desire to continue her service under the Reserve on hold.  To her knowledge, she spoke with her commander and was not denied reenlistment or promotion.  In support of her request she submitted a character letter from retired Major General P. (Exhibit F).  

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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 timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant apparently requested and was approved for a voluntary separation for pregnancy.  However, after separating, she received a DD Form 215 indicating that her reenlistment eligibility (RE) code had been changed to one indicating that she had been considered and not selected for reenlistment under the Selective Reenlistment Program.  We note that the applicant received a referral performance report for marginal duty performance and was nonrecommended for promotion.  Nevertheless, the narrative reason for her discharge reflects pregnancy and we believe the records should reflect an RE code which is more reflective of her service.  Additionally, we note her apparent desire to serve in the armed services.  Therefore, we believe the records should be changed thereby affording her the opportunity to apply for a waiver to enlist in the armed forces.  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 the Air Force or any branch of the service.  In view of the foregoing, we recommend her 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 at the time of her discharge on 15 August 1989, she was issued a Reenlistment Eligibility Code (RE) of “4E.”

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The following members of the Board considered AFBCMR Docket Number 02-02857 in Executive Session on 25 February 2003, 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 29 Aug 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 27 Sep 02.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 3 Jan 03.
   Exhibit E.  Letter, SAF/MRBR, dated 17 Jan 03.
   Exhibit F.  Applicant’s Response, dated 6 Feb 02 (sic).

				

AFBCMR 02-02857
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 her discharge on 15 August 1989, she was issued a Reenlistment Eligibility Code (RE) of “4E.”