RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-00931
								INDEX CODE:  110.00
	XXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 September 2008

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APPLICANT REQUESTS THAT:

His Reentry Code (RE) of 2X (First-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)), as reflected on his DD Form 214, be changed to 1J (Eligible to reenlist, but elects separation (all airmen selected under the SRP who elect separation are given RE code 1J.)) 

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APPLICANT CONTENDS THAT:

His discharge was honorable and he elected to separate upon completion of four years service; therefore, his RE code of 2X is incorrect. 

He would like to reenlist and contribute his efforts to the Air Force Security Forces CATM unit; however, his DD Form 214 incorrectly states an RE Code of 2X which hinders his reenlistment efforts.  Having an incorrect RE code on his DD Form 214 not only affects him personally, but prevents the Air Force from retaining a valuable and honorable resource.  His service, experience, and volunteering just scratches the surface of the kind of person he is, the airman he wants to be again, and an airman the Air Force would be proud to have serving.

In support of his appeal, he has furnished copies of his DD Form 214, dated 9 September 2006, an AF Form 418, Selective Reenlistment Program Consideration, dated 18 March 2004, an undated letter of recommendation from his previous supervisor, three Certificates of Appreciation, and a personal statement, dated 22 March 2007.

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 10 September 2002, and served as a security forces journeyman for four years.

He has furnished, and his records contain, an AF Form 418, Selective Reenlistment Program Consideration, dated 18 March 2004, which recommends and selects him for reenlistment.  On 31 July 2006, he received an Article 15 for, on or about 16 July 2006, failing to obey a direct order to remain at the Entry Control Point (ECP) for 20 minutes, by remaining at the ECP for 90 minutes.  He received a suspended reduction to the grade of Airman First Class (E-3), suspended through 30 January 2007, and seven days extra duty.

Upon completion of his required active service, applicant was honorably discharged on 9 September 2006, in the grade of senior airman (E-4).  He was given an RE Code of 2X, a condition barring immediate reenlistment.

A resume of applicant's performance reports follows:  

	PERIOD ENDING 				OVERALL EVALUATION

	 9 May 2006	         	 		4
	 9 May 2005	        			5
	 9 May 2004	    				5

His records indicate he is entitled to the Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Air Force Training Ribbon, National Defense Service Medal, and the Air Force Outstanding Unit Award with one Oak Leaf Cluster.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial as there is no evidence to support applicant’s request.  Based on the evidence in his records, he was not eligible for reenlistment at the time of his separation because he was serving suspended Article 15 punishment.

The AF Form 418, Selective Reenlistment Program Consideration, dated 18 March 2004, which recommends him for reenlistment, preceded the Article 15 executed on 31 July 2006, and he was serving suspended punishment at the time of his separation.  Had he not elected to separate, his RE Code would have been 4H, “Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice”, a condition barring immediate reenlistment.  Had his commander not recommended his reenlistment at any time prior to his discharge, the 2X RE Code would take precedent over the RE Code of 4H.

The AFPC/DPPAE evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 11 May 2007, for review and comment, within 30 days.  He responded via an undated memorandum, stating that despite an Article 15, he was still given an incorrect RE Code, and the Air Staff acknowledges the error that when serving a suspended Article 15 during separation, the correct RE Code is 4H.  He was given an unwarranted and unjust RE Code of 2X, which unfairly implies he is unfit for reenlistment and creating a stigma that he was anything other than a “top notch young airman.”  The Article 15 has since been remitted from his file, and, in the interest of justice, he should be afforded every opportunity to reenlist.

His service was honorable and he elected to separate upon expiration of his service.  He would like to reenlist and contribute his efforts to the Air Force Security Force’s CATM unit; however, due to the RE Code error, his reenlistment efforts are hindered, thereby putting undue stress on himself and his family.  The Air Force is not only a career but a way of life he has come to love.  He was honored to have served and would love to serve again.  

In support of his response, he attached 14 enclosures, to include two Enlisted Performance Reports with highlighted statements attesting to his superiors’ opinions that he was an “exceptional airman”, numerous letters of recommendation, character statements, and support, and numerous reenlistment recommendations.

Applicant’s complete response, 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After reviewing the evidence of record, it appears that the applicant’s separation was proper and in compliance with the appropriate regulations in effect at the time.  However, the Board notes that, other than the one incident which occurred approximately six weeks prior to completion of his required active service and for which he received a suspended reduction in grade which was never executed, his record is clear of any disciplinary problems.  The Board also notes that the suspended reduction in grade extended beyond the completion of his required active service, his performance reports all recommend him for promotion and indicate he was an excellent performer, and there is no indication in his records that he was ever not recommended for reenlistment  Given the above, the Board feels that a Reentry Code of 1J, eligible to reenlist but elects separation, more accurately reflects his service, and recommends his records be corrected to the extent indicated below.

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THE BOARD DETERMINES 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 9 September 2006, he was issued a Reentry Code of “1J” 

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The following members of the Board considered Docket Number BC-2007-00931 in Executive Session on 20 June 1977, under the provisions of AFI 36-2603:

				XXXXXXXXXX, Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 27 Apr 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 May 07.
    Exhibit E.  Letter, Applicant, undated, w/atchs 

                                   XXXXXXXXXX
                                   Chair

AFBCMR BC-2007-00931

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 XXXXXXXXXXXXXXX, be corrected to show that at the time of his discharge on 9 September 2006, he was issued a Reentry Code of “1J”.

                                                                            XXXXXXXXXXXXXXXX
                                                                            Director
                                                                            Air Force Review Boards Agency