RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01766
		INDEX CODE:  110.02
		COUNSEL:  NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reentry (RE) code "2X" (First-term, second-term or career airman considered but not selected for reenlistment under the Selective Reenlistment Program) and separation code "JBK" (Completion of required active service) be changed to allow him to enlist in the Reserves.

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APPLICANT CONTENDS THAT:

He was denied reenlistment due to a one-time incident involving a night of alcohol and not reporting to work on time.

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

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STATEMENT OF FACTS:

On 7 May 85, the applicant contracted his initial enlistment in the Regular Air Force.  He was progressively promoted to the grade of sergeant having assumed the grade effective and with a date of rank of 7 May 88. 

On 14 Apr 92, the applicant’s supervisor initiated an Air Force Form 418 and non-recommended him for reenlistment.  On 25 Jun 92, the commander concurred with non-recommendation and denied the applicant reenlistment.  On 29 Jun 92, he acknowledged his commander’s decision and submitted an appeal on 1 Jul 92.  On 26 June 92, the appeal authority denied his appeal.

On 28 Nov 92, he was discharged with an honorable discharge.  He served 7 years, 6 months and 20 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states commanders have selective reenlistment selection or non-selection authority.  SRP considers the service members Enlisted Performance Report (EPR) ratings, unfavorable information from any substantiated source, the service member’s willingness to comply with Air Force standards and or the service member’s ability or inability to meet required training and duty performance levels.  DPSOA further states no evidence was found to indicate an error or an injustice occurred; nor did the applicant submit any.  The applicant was denied reenlistment based on his supervisor’s recommendation and substantiated unfavorable information.

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

AFPC/DPSOS recommends denial.  DPSOS states based on the documentation on file in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  DPSOS further noted that the denial of the enlistment entitled the applicant to one-half separation pay.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and requests the Board consider his first term performance history in the final decision.  He admits he made many poor decisions, one was choosing to stay in a relationship with someone with a substance abuse problem that he did not understand or had seen prior to being married.

Applicant’s complete response is at Exhibit F.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of proof of the existence of either an error or an injustice.  Therefore, in the absence of 
evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2008-01766 in Executive Session on 2 Oct 08 under the provisions of AFI 36-2603:

				XXXXXXXXXX, Panel Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Apr 08, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOA, dated 20 May 08.
   Exhibit D.  Letter, AFPC/DPSOS, dated 22 Jul 08.
   Exhibit E.  Letter, SAF/MRBC, dated 22 Aug 08.
   Exhibit F.  Letter, Applicant, not dated.

							XXXXXXXXXX
							Panel Chair