RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03383
		INDEX CODE:  110.02
		COUNSEL:  NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reentry (RE) code of 2X (First-term, second term or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP) be changed in a manner to allow him to enter the Air National Guard.

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APPLICANT CONTENDS THAT:

He believes his RE code was issued in error.  He was voluntarily separated as a part of Force Management and received separation pay.

In support of his appeal, applicant submitted a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and DD Form 293, Application for the review of Discharge from the Armed Forces of the United States.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 9 Aug 90, the applicant contracted his initial enlistment in the Regular Air Force.  He was progressively promoted to the grade of senior airman having assumed the grade effective and with a date of rank of 9 Aug 93.

His DD Form 214 reflects he was honorably released from active duty on 30 Mar 98.  It further reflects he received separation pay and was subject to recall to active duty and or annual screening.

The Report of Individual Personnel (RIP) dated 19 Feb 98 reflects an RE code of 4J, which denotes entered into Phase I of the Air Force Weight Program, or the unit commander has declared the airman ineligible to reenlist for a period of Phase II or probation.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends 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."  DPSOA states his records do not reflect denial of a reenlistment action nor does it support the 4J RE code reflected on the 19 Feb 98 RIP.  If he had received the 2X code, there should be a RIP with 2X near his separation date.  There is no AF IMT 418 in his records or in the personnel system reflecting the commander's denial of his reenlistment.  His enlisted performance report for the period ending 31 Aug 97 reflects a highly qualified member and has a promotion recommendation of 5-Immediate Promotion and Section III, Block 3 is marked "Sets the standards for others to follow."  Also during that period he was handpicked to perform security for General XXXXXXXXXX/Chairman of Joint Chiefs of Staff, Secretary of the Air Force, the Honorable XXXXXXXXXX, and General XXXXXXXXXX the Air Force Chief of Staff.

AFPC/DPSOA’s complete evaluation is at Exhibit C.

AFPC/DPSOS recommends his DD Form 214 be changed to reflect the separation code of "KFF" and a narrative reason of “Secretarial Authority" and no recoupment of the separation he received.

AFPC/DPSOS’s complete 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 the applicant 10 Oct 08 for review and comment 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 warranting partial relief.  In this respect, the applicant is requesting his reentry code be changed to allow him to enlist in the Air National Guard.  Based on the available evidence, we are unable to ascertain the circumstances surrounding the reason for his discharge.  AFPC/DPSOA opines that the reentry code currently reflected on his discharge documents does not accurately reflect the circumstances of his discharge and should be corrected.  After a review of the evidence of record, it appears that reasonable doubt has been established showing that his assigned reentry code may not be the appropriate code.  It is our opinion that the benefit of doubt in this matter should be resolved in his favor and we recommend his reentry code be changed to reflect "3K."  Our recommendation will not afford the applicant the opportunity to immediately reenlist as he is requesting, but will allow him to apply for a waiver to enlist.  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 any branch of service.  Accordingly, 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 30 March 1998, his reentry eligibility (RE) code was 3K.

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The following members of the Board considered AFBCMR Docket Number BC-2007-03383 in Executive Session on 18 Nov 08 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 23 Jun 08.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOA, dated 28 Jul 08.
   Exhibit D.  Letter, AFPC/DPSOS, dated 25 Sep 08.
   Exhibit E.  Letter, SAF/MRBC, dated 10 Oct 08.