RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02137

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be returned to active duty.

His reenlistment eligibility (RE) code of 2X be changed to 1J.

His Enlisted Performance Report (EPR) rendered for the period 17 Oct 01 through 16 Oct 02 be declared void and removed from his records.

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APPLICANT CONTENDS THAT:

A careful review of his past accomplishments will reveal that he had flourished in the Air Force and were it not for a personality conflict with one individual, he would have been able to complete his career.  He believes the actions taken against him indicate an overreaction on the part of his supervisor.

In support of his appeal, the applicant provided an expanded statement and extracts from his military personnel records.

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

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STATEMENT OF FACTS:

Applicant initially enlisted in the Regular Air Force on 16 Nov 83 for a period of four years.  He was released from active duty on 13 Sep 89 and transferred to the Air Force Reserve, effective 14 Sep 89.  He was honorably discharged from the Air Force Reserve on 16 Nov 89.

On 22 Feb 90 the applicant enlisted in the Air National Guard.  He was honorably discharged from the Air National Guard on 28 Jan 99.

On 29 Jan 99, the applicant enlisted in the Regular Air Force for a period of four years in the grade of staff sergeant.  He received three EPRs in which he received overall ratings of 3, 4, and 2 (Referral - Contest Report) (1-5 (Highest)). 

An AF Form 418 (Selective Reenlistment Program Consideration) indicates that on 7 Nov 02, after consideration of the applicant’s duty performance and lack of basic leadership skills, his supervisor nonrecommended him for reenlistment.  On 19 Nov 02, the applicant’s unit commander concurred with the supervisor and did not select the applicant for reenlistment.  He stated that throughout his enlistment, the applicant had demonstrated substandard duty performance and leadership ability.

On 28 Feb 03, the applicant was discharged under the provisions of AFI 36-3208 (Completion of Required Active Service) and furnished an honorable discharge.  He was assigned an RE code of 2X (First-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)).  The applicant was credited with 11 years, 6 months, and 9 days of total active service.  He was credited with seven years, seven months, and ten days of total inactive service.

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AIR FORCE EVALUATION:

AFPC/DPPPEP recommended denial of the applicant’s request to void the contested OPR.  According to AFPC/DPPPEP, it is Air Force policy that an evaluation report is accurate as written when it becomes a matter of record.  The applicant did not provide any evidence that proved the report was anything other than an accurate assessment of his performance during the reporting period.  The applicant appeared to have an excuse that even though the incidents mentioned in the report “actually took place,” it was never his fault or as extreme as the rating chain made it out to be.  In AFPC/DPPPEP’s view, no documentation was submitted to support the applicant’s contentions.  

A complete copy of the AFPC/DPPPEP evaluation is at Exhibit C.

AFPC/DPPAE indicated that the applicant’s RE code of 2X is correct.  However, after reviewing the applicant’s supporting statements and incomplete record of performance reports, they are not adverse to changing the applicant’s RE code to 3K (Reserved for use by HQ AFPC or the Air Force Board for Correction of Military Records (AFBCMR) when no other reenlistment eligibility code applies or is appropriate), a more favorable code that can be applied by the Board as a means of relief.

A complete copy of the AFPC/DPPAE 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 applicant on 21 Nov 03 for review and response.  As of this date, no response has been received by this office (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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting corrective action concerning the applicant’s request that his RE code be changed.  Having carefully reviewed this application, we agree with AFPC/DPPAE’s recommendation that the applicant’s RE code be changed to 3K.  Based on his nonselection for reenlistment by his commander, we are not inclined to change his RE code to 1J, which would allow his immediate reenlistment.  However, in view of his many years of otherwise honorable service, we believe it would be in the interest of justice to afford him another opportunity for future military service if the respective services desire to enlist him based on their needs.  Accordingly, we recommend that the applicant’s RE code of 2X be changed to 3K.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice regarding the applicant’s requests that his EPR closing 16 Oct 02 be voided and removed from his records.  Evaluators are required to assess a ratee’s performance honestly and to the best of their ability, based on their observance of an individual’s performance.  No evidence has been provided which would lead us to believe that the applicant’s evaluators were unable to render an unbiased evaluation of his performance or that the ratings on the contested report were based on factors other than his duty performance during the contested rating period.  In view of the foregoing, and in the absence of evidence to the contrary, we find no compelling basis to recommend favorable action on applicant’s request that the contested report be voided and removed from his records.

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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 his Reenlistment Eligibility (RE) Code issued in conjunction with his honorable discharge on 28 Feb 03 was “3K.”

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The following members of the Board considered AFBCMR Docket Number BC-2003-02137 in Executive Session on 10 Feb 04, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPEP, dated 29 Jul 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 6 Oct 03.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Nov 03.

                                   

AFBCMR BC-2003-02137

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 , be corrected to show that his Reenlistment Eligibility (RE) Code issued in conjunction with his honorable discharge on 28 Feb 03 was “3K.”