RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03340
		INDEX NUMBER:  100.00
	XXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX		HEARING DESIRED:  No

______________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from 2X, “First Term, Second Term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP),” to one that will allow his reentry into the Air Force or other service.

______________________________________________________________

APPLICANT CONTENDS THAT:

He is not sure why he received an RE code of 2X.  He received an Article 15 12-months prior to his separation.  However, he was given separation pay in the amount of $8,653.54.  He was promoted to staff sergeant (E-5) in Jan 99, just two and one-half months before his separation.  He received the “Commander’s Award” for his service on the F.E. Warren AFB Honor Guard for 1999.  There was no indication by his commander that he would not have been allowed to reenlist in Mar 99.  In fact, he states that his first sergeant at the time asked him to stay in the Air Force.

In support of his request, applicant provides copies of his DD Form 214, his last two Enlisted Performance Reports (EPRs), a copy of a recommendation for his selection for reenlistment signed by his supervisor, and a copy of a decoration he received for outstanding achievement during the month of his separation.

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

______________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 2 Aug 90.  A resume of the eight EPRs rendered on him follows:

	Closeout Date				Overall Rating

	  1 Apr 92					4
	  1 Apr 93					4
	 18 Jan 94					5
	  2 Dec 94					3
	  2 Dec 95					4
	 16 Oct 96					5
	 16 Oct 97					4
	 16 Oct 98					5

In Oct 95, while in the grade of senior airman, the applicant was punished under Article 15 for using his government-issued American Express card for unofficial purposes.  Punishment consisted of a six-month suspended reduction to airman first class, a reprimand, and 45 days of extra duty.  The applicant was denied award of the Air Force Good Conduct Medal for the period of 2 Aug 96 to 16 Sep 97.  According to available records the applicant was discharged from active duty on 23 Mar 99, upon completion of active service.  His separation code was “JBK,” completion of required service; he was issued RE Code 2X; and received one-half separation pay.

Additional facts relevant to this application are contained in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C.

______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends that the applicant’s request be denied.  The applicant has not provided sufficient evidence that the commander’s decision to deny him reenlistment was inappropriate or not in compliance with Air Force policy.

The complete evaluation is at Exhibit C.

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 Jan 03 for review and comment within 30 days.  To date, a response has not been received.

______________________________________________________________

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.  After reviewing the available evidence of record the majority of the Board does not find sufficient evidence of error or injustice.  While the applicant has an overall good record of performance, it is marred by the disciplinary actions taken against him during his career and the commander’s decision to deny him the Good Conduct Medal.  The applicant indicates that he was promoted to SSgt just two and one-half months prior to his separation.  However, his official records indicate that he was promoted to SSgt on 1 Jan 98, more than 14 months prior.  The applicant has provided a copy of his recommendation for reenlistment signed by his supervisor.  However, it is dated 3 Apr 97, and falls within the timeframe that he was denied the Good Conduct Medal.  The commander’s action on the recommendation is not indicated in the records.  While the applicant’s record would have supported his selection for reenlistment, it would also have supported his nonselection.  Additionally, the applicant received separation pay due to his nonselection for reenlistment and, consequently, involuntary discharge.  The majority of the Board questions why, if the applicant was concerned about remaining in the service or returning at a later date, he did not make an effort to determine why he was given the “2X” RE code from his chain of command.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, the majority of the Board assumes that the applicant's nonselection for reenlistment was proper and in compliance with appropriate directives.  Therefore, the Board majority finds no compelling basis to recommend granting the relief requested.

______________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

______________________________________________________________

The following members of the Board considered Docket Number BC-2002-03340 in Executive Session on 15 April 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny applicant’s request.  Mr. XXXX voted to grant the applicant’s request but did not desire to submit a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 Sep 03, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  Memorandum, AFPC/DPPAE, dated 13 Jan 03.
   Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.

                                   

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
				FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXXX, XXX-XX-XXXX

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.