RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02233 INDEX CODE:	100.03, 100.06
XXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His reenlistment status on his AF IMT 418, Selective Reenlistment Consideration, be changed from ineligible to eligible; and his reentry (RE) code on the DD Form 214, Certificate of Release or Discharge From Active Duty be changed from “2X” to "1" in order to allow him to be eligible to reenlist.

APPLICANT CONTENDS THAT:
His military records do not accurately reflect his duty performance. The allegations stated on the AF IMT 418 were unsubstantiated and were not documented in his performance reports.

In support of his application, applicant provides a personal statement, copies of his AF IMT 418, Selective Reenlistment Program Consideration, DD Form 214, Certificate of Release or Discharge from Active Duty, and a copy of his appeal package for denial of reenlistment.

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

STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman first class on 5 February 2002 for a period of six years and was progressively promoted to the grade of senior airman.

On 15 July 2004, an Enlisted Performance Report was referred to the applicant. The rater marked the applicant "unacceptable" in relation to the applicant’s on/off duty conduct. The rater commented that the applicant received a Letter of Reprimand (LOR) and an Unfavorable Information File (UIF) for failure to obey a direct order and giving a false official statement regarding a minor in his dorm room. The additional rater concurred with the rater.

On 14 November 2007, the applicant’s supervisor initiated an AF Form 418, Selective Reenlistment Program Consideration (SRP) and non-recommended him for continued service based on negative quality factors in the Personnel Information File (PIF). On
28 November 2007, the commander concurred with the action. The applicant acknowledged the commander’s intention and elected to appeal. On 3 January 2008, the appeal authority concurred with the commander's assessment.

On 15 January 2008, the applicant was notified of his commander's intent to impose nonjudicial punishment upon him for dereliction in the performance of his duties, being drunk and disorderly and carrying  a  concealed nine inch long butterfly knife.   On
23 January 2008, after consulting with counsel, the applicant waived his right to a trial by court-martial, and submitted a written presentation. On 25 January 2008, his commander found him guilty and imposed punishment in the form of suspended reduction to the grade of airman first class, forfeiture of
$350.00 pay per month for 2 months and 4 days of extra duty.
On 4 February 2008, the applicant was discharged with an honorable discharge with an RE code of “2X” – First term, second or career airman considered but not selected for reenlistment under the SRP. He served 6 years of total active military service.

AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial and states the applicant’s commander has selective reenlistment  and non recommendation for reenlistment authority on the AF IMT 418. Based upon the applicant's record, the commander denied his reenlistment.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 25 July 2008 for review and response within 30 days. As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.
1.	
3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After careful consideration of the applicant’s request and the available evidence of record, we see no evidence of an error or injustice that would warrant relief. In regards to his reinstatement into the Air Force, the applicant has provided no evidence showing that his assigned RE code is in error or contrary to the prevailing instruction. The RE code which was issued at the time of his discharge accurately reflects the circumstances of his separation, i.e., considered but not selected for reenlistment under the SRP. We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has not sustained his burden of having suffered either an error or an injustice. In view of the above and absent evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

The following members of the Board considered Docket Number BC- 2008-02233 in Executive Session on 25 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

The following documentary evidence pertaining to Docket Number BC-2008-02233 was considered:

Exhibit A. DD Form 149, dated, 12 Jun 08, w/atchs. Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 10 Jul 08. Exhibit D. Letter, SAF/MRBR, dated 25 Jul 08.