RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03330
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

His RE code should be changed because he has an honorable discharge.

The applicant provided no evidence in support of his appeal.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 March 1998.  Following his completion of training, he received three Enlisted Performance Reports (EPRs) closing 15 October 1999, 15 October 2000 and 15 October 2001, in which, the Promotion Recommendations were 2, 1 and 3.  The first two reports were referral reports.  The applicant declined to rebut the 1999 report but did submit rebuttal comments to the 2000 EPR.

On 8 August 2001, the applicant’s supervisor nonrecommended him for reenlistment because of the applicant’s unsatisfactory duty performance and “misconduct on/off duty.”  The commander concurred and nonselected the applicant for reenlistment on 8 August 2001.  The applicant was notified of his nonselection for reenlistment and elected not to appeal this action.

On 16 March 2002, the applicant was honorably released from active duty in the grade of A1C (E-3) under the provisions of AFI 36-3208 (Completion of Required Active Service) and transferred to the Air Force Reserve.  He was assigned a reenlistment eligibility (RE) code of 2X (First term airman considered but not selected under SRP).  He served a total of 3 years, 11 months and 21 days of total active service.

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AIR FORCE EVALUATION:

AFPC/DPPAE states that the applicant has not satisfactorily indicated the commander’s action to deny reenlistment was inappropriate or not in compliance with Air Force policy.  Based on the review of his case file, his RE code 2X is correct.  Therefore, they recommend denial of applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 January 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant believes his RE code is incorrect because he was honorably discharged.  However, the code he received had its basis in his nonselection for reenlistment.  The reasons the applicant’s supervisor nonrecommended and his commander nonselected him for reenlistment are clearly shown in the record.  The applicant has provided no evidence that the reasons cited for his nonselection are erroneous or that his commander abused his discretionary authority.  We therefore agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket No. 02-03330 in Executive Session on 5 February 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 9 Oct 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPAE, dated 24 Dec 02.
	Exhibit D.	Letter, AFBCMR, dated 3 Jan 03.