RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00339
		INDEX NUMBER:  110.00
	XXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) Code of “2P,” “Separated under AFR 39-10 as marginal performer or to preserve good order and discipline…” indicated in block 10 on her DD Form 214 be changed to one that will allow her reentry into military service.

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APPLICANT CONTENDS THAT:

Although her RE code was probably correct at the time of her discharge in 1979, a “2P” RE code under today’s regulations indicates that she was absent without leave (AWOL), which is not true in her case.  Because of the current meaning of “2P,” she encountered problems when she tried to enlist in the Air National Guard.  They will not accept her application unless the code is changed and corrected.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 12 May 78 for a period of four years.

On 9 Jul 79, the applicant’s squadron commander notified her that he was initiating action to discharge her from the Air Force for marginal performance under the provisions of AFR 39-10.  The specific reasons for the commander’s action were the applicant’s failure to progress in upgrade training and adapt to military life.  The applicant was advised that if she desired to be retained in the Air Force, she could submit a statement in support of her desire.  In her acknowledgement, the applicant elected not to request retention in the Air Force, not to submit a statement, and not to request legal counsel.  On 11 Jul 79, the applicant’s squadron commander recommended to the group commander that the applicant be discharged from the Air Force under the provisions of AFR 39-10 for marginal performance.  On 18 Jul 79, the group commander directed that the applicant be discharged from the Air Force and furnished an Honorable Discharge certificate.  The applicant was discharged from the Air Force on 20 Jul 79 with an honorable discharge, and was issued an RE code of “2P.”  She was credited with 1 year, 8 months, and 6 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  They evaluated the applicant’s discharge processing.  Based on the documentation in the applicant’s records, they believe that the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The applicant did not submit any new evidence or identify any errors or injustices that incurred in the discharge proceedings.

The complete evaluation is at Exhibit C.

AFPC/DPPAE recommends denial of the applicant’s request.  The applicant received the correct RE code that was in effect at the time of her discharge.  Under current provisions, AFI-36-2606, Reenlistment in the Air Force, a “2P” RE code is used to identify personnel “absent without leave; deserter or dropped from rolls.”  However, there is no need to change her RE Code, because it was properly assessed under current provisions at the time.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 4 Apr 03 for her review and comment within 30 days.  To date, a response has not been received.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request to be issued an RE code that will allow her reentry into military service.  While we agree with the applicant’s assertion that the “2P” RE code she was issued in 1979 could be misinterpreted in light of current RE codes in use, an RE code in the “2” series was intended to preclude an individual’s return to military service.  We note that the applicant was discharged from the Air Force for “marginal performance.”  The applicant has not provided sufficient evidence that she should have received an RE code that would allow her reentry into military service.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting this portion of the relief sought in this application.

4.  As noted above, we do find that the applicant’s RE code of “2P” could be misinterpreted in light of current RE codes in use.  This could lead to situations where the nature of the applicant’s service is unfairly assessed.  As such, we believe that the applicant should be issued an RE code that removes such a possibility, yet preserves the bar on her reentry into the Air Force.  We believe that the most appropriate RE code for the applicant at the time of her discharge would be “2X,” “Considered but not selected under the Selective Reenlistment Program.”  We note that under current Air Force instructions, “2X” has the same meaning.  Therefore, we recommend that the applicant’s records be corrected as 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 20 July 1979, she was issued a Reenlistment Eligibility (RE) code of “2X.” 
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The following members of the Board considered Docket Number BC-2003-00339 in Executive Session on 21 May 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 24 Jan 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPRS, dated 26 Feb 03.
     Exhibit D.  Memorandum, AFPC/DPPAE, dated 27 Mar 03.
     Exhibit E.  Letter, SAF/MRBR, dated 4 Apr 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00339

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 XXXXX, be corrected to show that at the time of her discharge on 20 July 1979, she was issued a Reenlistment Eligibility (RE) code of “2X.”

		
		Director
		Air Force Review Boards Agency