RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02352
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2X” be changed to reflect a code that would make him eligible for reserve status in the Air Force Reserve or Air National Guard.

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APPLICANT CONTENDS THAT:

He failed an evaluation and lost his NCO status making him eligible for the Strength Reduction Program implemented by the Air Force in 1984.  His commander informed him that he was reinstating his NCO status.  He asked if he would still be eligible for the early separation program, and was told “no.”  He turned down his NCO status and was discharged.  He was told he would receive an honorable discharge but was not told he would receive an unfavorable reenlistment code.  He respectfully requests the Board to find in favor of changing his current RE code to a code that would enable him to serve his country in the Air Force Reserves.  Since his discharge he has had only one employer for the past 20 years, and has been married for 16 years.  His work record as well as his home life reflects dedication, responsibility and stability.  

In support of the application, the applicant submits his separation document (DD 214), his final evaluation from his former employer, three support letters, six letters of appreciation, nine certificates of training, and a certificate of appreciation.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 1 June 1979 in the grade of airman basic (E-1) at the age of 17 for a period of 6 years.  He was progressively promoted to the grade of senior airman (E-4) effective and with a date of rank of 1 October 1981.  He was appointed a noncommissioned officer in the grade of sergeant on 1 October 1982.  

The following is a resume of his Airman Performance Reports (APRs), commencing with the report closing 31 May 1980:

	PERIOD ENDING	PROMOTION RECOMMENDATION

	31 May 1980		4
	31 May 1981		8
	29 Jan 1982		9
	30 Mar 1983		9
	16 Nov 1982		7
	14 Nov 1983		9
	 4 Jun 1984		6

On 10 July 1984, he was notified by his commander that his NCO status was being vacated and he was not being recommended for reenlistment due to his negative progression on the job and problems in his personal life.

On 6 September 1986, the applicant was discharged from the Air Force under the provisions of AFR 39-10, FY 84 Early Separation Program-Strength Reduction, with an honorable discharge, and an RE code of 2X (first term airman considered but not selected under SRP, or has been denied appointment to NCO status, or has had NCO status vacated).  He had served five years, three months and six days on active duty.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends denial.  DPPAE opines the documentation submitted by the applicant do not support the course of action requested by him.  DPPAE states the commander’s decision to deny the applicant’s reenlistment and vacate his NCO status was based on poor performance.  DPPAE’s evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 21 August 2004, the applicant stated that in the days prior to his evaluation, he was recovering from a bad marriage.  His expectant wife and child had left him.  He was confused and in a state of depression.  He was not able to see or hear from his child.  He felt helpless.  He was not at his best, but he did later pass his evaluation, and was offered his NCO status.  Before he was upgraded, he received a letter that stated he would be involuntarily discharged IAW the Strength Reduction Program.  He felt it was the best thing that could happen to him at the time because he could pursue legal action to obtain rights to see his children.  He was 17 when he enlisted, and he served 5 years and 3 months of his 6 year enlistment.  He is now 42 and has been married for over 16 years to the same woman.  After his discharge, he was employed as a Correctional Officer.  He recently retired after serving 20 years.  He is a stable employee and family man.  He would very much like to serve his country in the Reserve or Air National Guard, and humbly requests a change to his RE code (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 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 warrant the consideration of clemency.  After reviewing the applicant’s submission, we are of the opinion that the applicant has provided sufficient evidence to lead us to conclude that in the years following his separation he has made a successful adjustment to civilian life.  This is evident by his serving as a correctional officer for the state of Texas.  In view of this fact, we believe he should be given the opportunity to apply for enlistment by changing his RE code to “3K”, a waiverable code.  An RE “3” series code will permit him to apply for enlistment and, should he have desirable skills and be otherwise medically qualified, the Air Force Reserve or Air National Guard may elect to waiver his ineligibility and allow him to enlist.  The applicant should understand that this RE code change in no way obligates the Air Force Reserve or Air National Guard or any of the other Services to accept him for enlistment.  Therefore, we recommend his 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 6 September 1984, his reenlistment eligibility code was RE-3K.

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The following members of the Board considered this application in Executive Session on 17 February 2005, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in AFBCMR Docket Number BC-2004-02352:

     Exhibit A.  DD Form 149, dated 23 July 04, w/attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPAE, dated 16 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Aug 04.

AFBCMR BC-2004-02352

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 APPLICANT be corrected to show that at the time of his discharge on 6 September 1984, his reenlistment eligibility code was RE-3K.