RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-01027
		INDEX CODE:  100.03
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2X (First-term, second-term or career airman considered but not selected for reenlistment under the SRP) be changed to allow reenlistment.  

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APPLICANT CONTENDS THAT:

When he asked his commander to deny him reenlistment, he was asked to sign a letter stating that he would not try to reenlist. He did not want to close his option for future reenlistments.  He was told by a supervisor that this letter was the only way for his commander to deny him reenlistment.  He was not a disciplinary problem or a troubled airman.  He feels that he was and can continue to be an asset to the United States Air Force.  Other than very minor incidents he was an outstanding airman obtaining 5s on both EPRs during his enlistment.  Since he made the personal decision to separate in 1999, he has matured a great deal.  Since being in the civilian sector, he has obtained a greater respect for the military code of professionalism and ethics.  A love for country and sacrifice for others are primary reasons for his initial enlistment and are still reasons today that guide his decision to reenlist.  

In support of his request, applicant provides a personal statement, and a copy of a memorandum to his commander regarding his career development course waiver.  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 30 August 1995.  He was progressively promoted to the grade of senior airman, having assumed that grade effective and with a date of rank of 30 August 1998.  He received two Enlisted Performance Reports (EPR) closing 29 April 1997 and 29 April 1998, in which the overall ratings were 5.

On 16 October 1998, applicant’s supervisor prepared an AF Form 418, Selective Reenlistment/Noncommissioned Officer Status Consideration, and recommended that he not be selected for reenlistment.  The specific reason for his action was that the applicant failed to maintain a skill level commensurate with his grade.  He did not pass his career development course (2S051A) on two occasions and did not apply for or accept a 5-skill level waiver.  On this same date, applicant’s unit commander concurred with the recommendation and rendered him ineligible for reenlistment.  

Applicant was honorably discharged on 29 August 1999, after serving 4 years on active duty.  An RE code 2X (First-term airman considered but not selected for reenlistment under the SRP) was given.  

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied.  DPPAE states that the applicant failed to obtain the required skill level upgrade.  He did not meet Air Force training standards.  AF Form 418, Selective Reenlistment Program Consideration, dated 16 October 1998, his commander did not select him for reenlistment.  The DPPAE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant disagrees with the evaluation and states that he showed severe determination to prove to himself, his chain-of-command and the Air Force that he intended to remain on active duty and reenlist.  Prior to 16 October 1998, his denial of reenlistment, he made a decision and advised his commander via a letter to cease the waiver package for his skill level upgrade.  He made this decision based on his feeling that civilian life would be better for him and because there were numerous documentation errors in his training records.  He takes full responsibility for the test failure.  He understands that he did not meet training expectations but he was an exceptional airman as reflected in his Enlisted Performance Reports.  His performance and capability proved to his chain-of-command that he was an airman capable of increased duty responsibility.  He was given increased duty responsibility after his CDC test failure.  He understands that if he is allowed to reenlist, he will have to obtain the necessary skill level upgrade and will have to adapt to the changes within the Air Force.  

Applicant’s letter, with attachments, is at Exhibit E.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After reviewing the applicant’s submission, we are of the opinion that the applicant has provided sufficient evidence to lead us to conclude that in the few years following his separation, he has made a successful adjustment to civilian life.  While it is true that during his enlistment he failed to progress in his career development course, his on-the-job training records indicate he showed initiative and did progress in his training modules.  His record does not indicate he was a disciplinary problem, to the contrary, the two Enlisted Performance Reports he received during his enlistment were “5” ratings, demonstrating he was an above average performer.  In view of this fact and in consideration of the applicant’s apparent immaturity at the time of his enlistment, we believe he should be given the opportunity to apply for enlistment by changing his RE code to “3K”, a waiverable code.  An RE “3” series code will permit him to apply for enlistment and, should he have desirable skills and be otherwise medically qualified, the United States Air Force may elect to waive his ineligibility and allow him to enlist.  The applicant should understand that this RE code change in no way obligates the Air Force or any of the other Services to accept him for enlistment.  Therefore, we recommend his 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 his discharge on 29 August 1999, he was issued a Reenlistment Eligibility (RE) code of “3K” rather than “2X.”

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The following members of the Board considered this application in Executive Session on 23 July 2003, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member

All members voted to correct the record as recommended.  The following documentary evidence was considered for AFBCMR Docket Number 03-01027:

    Exhibit A.  DD Form 149, dated 21 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 28 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jun 03.
    Exhibit E.  Letter, Applicant, dated 30 Jun 03 w/atchs.

                                   
                                   Panel Chair

AFBCMR BC-2003-01027

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, be corrected to show that at the time of his discharge on 29 August 1999, he was issued a Reenlistment Eligibility (RE) code of “3K” rather than “2X.” 

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency