RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02672
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

He accepted and received an RE code of 2Y which makes him ineligible for entry into the California Air National Guard.  He states his separation was honorable and should be reflected as such.

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

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STATEMENT OF FACTS:

During the time period in question, the applicant enlisted in the Regular Air Force in the grade of senior airman.

On 4 November 1987, the applicant was notified of his commander’s intent to impose nonjudicial punishment upon him for the following:  He was, at Travis Air Force Base, California, on or about 29 October 1987, disorderly by publicly kissing an airman, a woman not his wife.

After consulting with counsel, the applicant waived his right to a trial by court-martial, submitted a written presentation in his behalf and requested to make a personal appearance.  However, he did not desire that it be public.

On 12 November 1987, he was found guilty by his commander who imposed the following punishment: A forfeiture of $100.00 per month for one month, two weeks of additional duties, a reprimand, and his Selective Reenlistment/NonCommissioned Officer Status Consideration was vacated - AF Form 418, dated 12 November 1987.

The applicant did not appeal the punishment.  The Article 15 was filed in his Unfavorable Information File (UIF).

On 5 November 1984, the applicant was honorably discharge in the grade of senior airman, under the provisions of AFR 39-10, Early Separation Program - Strength Reduction.  He served six years, five months and three days of total active duty service.  He received an RE code of 2Y - first term, second-term or career airman considered but not selected for reenlistment under the SRP.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial indicating there was nothing to support the course of action requested by the applicant.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 October 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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 error or an injustice.  While the RE code assigned to the applicant, at the time he was discharged, was technically correct and in accordance with the governing regulation, the Board majority believes it would be an injustice for the applicant to continue to suffer its effects.  It is noted the Air Force office of primary responsibility recommended not changing the reenlistment code, but the Board majority believes the applicant 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 the Board majority recommendation in no way guarantees he will be allowed to return to the Air Force or any branch of the service.  In view of the foregoing, we recommend the applicant’s 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 1 April 1988, he was issued a Reenlistment Eligibility (RE) code of “3K.”

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The following members of the Board considered AFBCMR Docket Number BC-2004-02672 in Executive Session on 18 November 2004, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to correct the records, as recommended.  voted to deny the application and does not desire to submit a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 August 2004, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 4 October 2004.
   Exhibit D.  Letters, SAF/MRBR, dated 8 October 2004.

AFBCMR BC-2004-02672

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 at the time of his discharge on 1 April 1988, he was issued a Reenlistment Eligibility (RE) code of “3K.”