RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01993
		INDEX CODE:  112.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reentry code of 2X - First term, second term or career airman considered but not selected for reenlistment under the SRP, and his separation code of JBK - Completion of Required Active Service, be changed.

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APPLICANT CONTENDS THAT:

He was informed that he would be able to reenlist if he chose to do so at a later date.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 August 2002 in the grade of airman basic.  He was progressively promoted to the grade of senior airman having assumed that grade effective and with a date of rank of 6 December 2004.  He served as an Aerospace Maintenance Journeyman.

On 12 February 2007, the applicant's supervisor initiated an AF Form 418, Selective Reenlistment Program Consideration, and non-recommended him for reenlistment.  His supervisor stated the applicant's on/off duty performance/conduct over the past year had slowly degraded to unacceptable levels.  He had received numerous Letters of Reprimand (LORs) for financial irresponsibility and bad conduct, yet he had not improved to an acceptable level.  

On 12 February 2007, the applicant's commander concurred with the recommendation and did not select him for reenlistment.  The commander stated the applicant's past duty performance was incompatible with continued military service.  He failed to demonstrate potential to meet and/or exceed minimum military standards.

On 15 February 2007, the applicant acknowledged receipt of the notification of nonselection for reenlistment.  

On 20 February 2007, the applicant elected not to appeal the commander's decision.  

The applicant was honorably discharged on 1 August 2007.  He served 4 years, 11 months and 26 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states AFI 36-2606, Reenlistment in the USAF, states commanders have selective reenlistment selection or non-selection authority.  SRP consideration includes the members Enlisted Performance Report (EPR) ratings, unfavorable information from any substantiated source, the willingness to comply with Air Force standards and/or the ability (or lack of) to meet required training and duty performance levels.  DPSOA noted the applicant's EPR for the period 16 January 2006 through 15 January 2007.  In this referral report, the applicant's conduct on/off duty was unacceptable and the overall promotion recommendation was 2 - Not Recommended at this Time.

DPSOA found no evidence of error or injustice.  The applicant's commander denied his reenlistment based on the supervisor recommendation, substantiated unfavorable information and well documented failure of the applicant to comply with Air Force standards; therefore, RE code of 2X is correct.  Additionally, the applicant contends that he was informed he would be able to reenlist if he chose to do so.  DPSOA found no evidence of anyone in an official nature that advised the applicant he could reenlist if he chose to do so.  It was evident via the AF IMT 418, that he is not able to reenlist, thus not eligible to return later.  With that being said, any service component/employer may waive the RE code to permit reentry; however, the Air Force has decided the applicant is not acceptable for continued service or prior service employment.

The complete DPSOA evaluation is at Exhibit C.

AFPC/DPSOS recommends denial.  DPSOS states the documentation on file in the master personnel records supports the basis for discharge.  The discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to his separation code.

The complete DPSOS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 August 2008, copies of the evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit E).  As of this date, this office has received no response.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  After a thorough review of the evidence of record and the applicant’s submission, it is our opinion that given the circumstances surrounding his separation from the Air Force, the reentry and separation codes assigned were proper and in compliance with the appropriate directives.  The applicant has not provided any evidence which would lead us to believe otherwise.  Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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 this application in Executive Session on 23 October 2008, under the provisions of AFI 36-2603:

			Chair
			Member
			Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-01993 was considered:

   Exhibit A.  DD Form 149, dated 29 April 2008.
   Exhibit B.  Applicant's Master Personnel Record.
   Exhibit C.  Letter, AFPC/DPSOA, dated 28 July 2008.
   Exhibit D.  Letter, AFPC/DPSOS, dated 6 August 2008.
   Exhibit E.  Letter, SAF/MRBR, dated 29 August 2008.

			
			Chair