RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02791

		COUNSEL:  NONE

		HEARING DESIRED:  NO

___________  ________________________________________  __________
	
APPLICANT REQUESTS THAT:

His Reentry (RE) code of 4E (Grade is airman first class or 
below and airman completed 31 or more months (55 months for a 6-
year enlistees)), be changed so that he can be eligible to 
rejoin the military service.    

___________  ________________________________________  __________

APPLICANT CONTENDS THAT:

He received an Honorable Discharge upon his separation from the 
Air Force.  Although he was court-martialed, he was allowed to 
complete his required active duty service and therefore should 
be eligible to join the Air National Guard.
 
In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.

___________  ________________________________________  __________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are described 
in the letter prepared by the Air Force office of primary which 
is attached at Exhibit C.  Therefore, there is no need to 
describe these facts in this record of proceedings.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial, indicating there is no evidence of 
an error or injustice.  The applicant enlisted on 20 September 
2005.  He was demoted to Amn (E-2) on 15 October 2009 as part of 
his court-martial sentence.  His RE code was updated to 4E since 
he was a first-term Airman with the grade of A1C or below.  At 
the time of his Date of Separation (DOS), he was not eligible to 
stay in the Air Force because he held the rank of A1C.  
Ultimately, the applicant was demoted based on his own actions 
and he was appropriately discharged at his DOS and issued the RE 
code of 4E in accordance with the provisions of the governing 
instruction.  

A complete copy of the AFPC/DPSOA 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 03 August 12 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).  

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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 injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.  

___________  ________________________________________  __________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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.

___________  ________________________________________  __________



The following members of the Board considered AFBCMR Docket 
Number BC-2012-02791 in Executive Session on 7 Feb 13, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Jun 12, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOA, dated 26 Jul 12.
     Exhibit D.  Letter, SAF/MRBR, dated 3 Aug 12.




                                   
                                   Panel Chair
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