RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00756
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His separation code and reenlistment eligibility (RE) code be changed from 3C “First term airman not yet considered under the Selective Reenlistment Program (SRP)” to allow him to join the Air Force Reserve.

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APPLICANT CONTENDS THAT:

According to the governing regulation, his particular reentry code is not to be used to separate airmen.  His separation code indicates separation due to dependent medical reasons which is incorrect.

Applicant did not submit any documents in support of the 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 27 August 1986 for a period of 6 years.  During his period of service, he was progressively promoted to the grade of sergeant (E-4) and received four Airman Performance Reports in which the overall evaluations were 9s and one Enlisted Performance Report with a promotion recommendation of 4.

The applicant’s file does not contain a copy of a request for separation prior to completion of his term of enlistment.  The applicant was honorably separated on 1 August 1990 under the provisions of AFR 39-10 (voluntary-miscellaneous reasons) with an RE code of 3C and a separation code of MND (Voluntary Release-Miscellaneous Reasons).  His DD Form 214 indicates he was discharged but his separation orders indicate he was released from active duty and transferred to the Air Force Reserve.  He had served 3 years, 11 months and 4 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that since there is no documentation in his records relating to his request for separation, they cannot provide an advisory concerning the circumstances leading to his release from active duty.  However, the separation code and narrative reason for separation are correct on his DD Form 214.  They defer to DPPAES to determine the validity of the RE code.

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

AFPC/DPPAE states that they recommend denial of the applicant’s request.  His RE code is correct and was properly posed to his records.

A complete copy of their evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 May 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response.

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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 with respect to the applicant’s request for a change to his separation code and a change to his reenlistment eligibility code allowing enlistment without a waiver.  The applicant alleges that his separation code and reentry code are incorrect.  He is, in part, correct.   His RE code of 3C should have been changed to another code at the time of his separation.  We have been advised that the correct RE code is 3A (First-term airman who separates before completing 36 months (60 months for a six-year enlistee) on current enlistment and who has no known disqualifying factors or ineligibility conditions except grade and skill level and insufficient TAFMS).  We have been assured that administrative action will be taken to correct the applicant’s RE code.  Based on the applicant’s circumstances, it appears that by such action, he will be afforded proper and fitting relief.  The applicant should be aware that RE code 3A is a code that may be waived for a prior service enlistment.  However, the decision as to whether or not a waiver is approved is based on the needs of the service to which he applies.  As to the applicant’s separation code, it appears that the code, which is directly related to the reason for his separation, is, in fact, correct.  The record indicates that the applicant was voluntarily separated for miscellaneous reasons and his separation code, defined, is “voluntary release--miscellaneous reasons.”  In view of the above, once the Air Force office of primary responsibility administratively corrects the applicant’s RE code, there is no indication that his records are erroneous or unjust.  Accordingly, we are of the opinion that relief in form of additional changes to his record on the basis of this submission would be inappropriate.

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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 with respect to his separation code and a 3-series reenlistment code; 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 this application, AFBCMR Docket No. BC-2003-00756, in Executive Session on 9 July 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 27 May 03, w/atch.
    Exhibit D.  Letter, AFPC/DPPAE, dated 20 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.

					
						Panel Chair