RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-02872
		INDEX CODE:  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  Yes, if necessary

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to “1R.”

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THE APPLICANT CONTENDS THAT:

He believes the RE code he received is unjust because his Enlisted Performance Reports (EPRs) rated him as an example of military standards and conduct on and off duty.  During his enlistment, he performed tasks on his own time for the Air Force.  While at Prince Sultan Air Base, he worked 12 to 14 hour days for two weeks at the Defense Reutilization and Marketing Services International sale and received a Letter of Evaluation (LOE) from his supervisor recommending he be promoted immediately. His supervisor never indicated that he was not going to be promoted or given the option to reenlist.  He was never informed of any areas that he needed improvement in on or off duty.  All his EPRs after he received an Article 15 show continuous improvement in all areas.  His performance reports are misleading to the actions that took place at the end of his enlistment.  Therefore, he requests his RE code be changed from 2X to a 1R so that he can have the option to serve in the Air Force again.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26 January 1995 for a period of four years.

On 9 August 1996, the applicant received an Article 15 for on or about 31 July 1996, wrongfully in an indecent manner to the public view exposed his penis and urinated in public.  For this 
misconduct, his punishment consisted of $150.00 per month for two months and reduction to the grade of airman.  The reduction was suspended until 12 February 1997, after which time it would be remitted without further action or unless sooner vacated.  The Article 15 was filed in his Unfavorable Information File (UIF).  The applicant did not appeal.

On 25 November 1997, the applicant received a nonrecommendation for reenlistment based on his UIF and Personnel Information File.  The applicant’s commander concurred in the nonrecommendation for enlistment based on the applicant receiving:

		a.  A Letter of Reprimand (LOR) in Technical School for:

			1.  Violation of Article 92 (out of room after curfew and drinking under age).

			2. Article 117 (provoking speeches or gestures) communicating a threat to a fellow airman.

			3.  UIF established.

		b.  The applicant received an Article 15 for wrongfully and willfully exposing his penis while urinating in public, as well as, drunk and disorderly (action filed in UIF which expired 12 August 1998).

		c.  The applicant received three traffic tickets (October 1995-two points, May 1996-four points and October 1996-zero points.  

The commander further noted the applicant’s overall bearing and behavior warranted concern on his ability to function as a productive member in the Air Force and his actions were prejudicial to good order and discipline. The commander considered the applicant’s future potential as negative and believed it to be in the best interest of the Air Force if the applicant did not reenlist.

On 25 January 1999, the applicant was discharged under the provisions of AFI 36-3208 and issued an honorable discharge for completion of required active service.  He received an RE code of 2X, which denotes the applicant was a first-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program.  He served four years of active service.

EXAMINER'S NOTE: Applicant does not contest the accuracy of the RE code and after reviewing the applicable instruction, AFI 36-2606, it appears the RE code is correct.

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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 waive the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting partial relief.  While the RE code assigned to the applicant, at the time, was technically correct and in accordance with the governing AFI, the Board believes it would be an injustice for the applicant to continue to suffer its effects.  The applicant alleges prior to his nonselection for reenlistment he was not counseled on what areas he may have needed improvement in.  He believed based on the improved markings on his EPR that he was performing well and was not in any danger of being denied the opportunity to reenlist.  Furthermore, it appears the applicant has made a successful transition to civilian life.  Therefore, the Board believes that he should be afforded the opportunity to apply for a waiver to enlist in the armed services.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to the Air Force or any branch of the service.  Therefore, we recommend his reenlistment code be changed to “3K.”

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The applicant pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that at the time of his discharge on 25 January 1999, he was issued a Reenlistment Eligibility Code (RE) of “3K.”

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The following members of the Board considered Docket Number BC-2003-02872 in Executive Session on 18 December 2003, 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 18 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.

                                   

AFBCMR BC-2003-02872
INDEX CODE:  110.00

MEMORNDUM 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 at the time of his discharge on 25 January 1999, he was issued a Reenlistment Eligibility Code (RE) of “3K.”