RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1997-03613
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 4E (Grade is airman first class or below and airman is second-term or career airman) be changed to allow him to enlist in the Air Force Reserve.
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APPLICANT CONTENDS THAT:
He is sorry for the mistake he made while on active duty. The lesson he learned from that experience has made him stronger in his structure with his wife and kids and he takes joy in being part of their lives.
In support of his request, the applicant provides an expanded statement and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.
The applicants complete submission, including attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Regular Air Force on 26 May 89 and was progressively promoted to the grade of senior airman (E-4).
On 31 Mar 95, the applicants commander notified him of her intent to impose nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for committing an indecent assault upon a female, not his wife, by kissing her and groping her through her clothing with the intent to gratify his sexual desires. After consulting with legal counsel, he acknowledged receipt of the action, waived his right to court-martial proceedings, and elected to submit a written statement and make a personal appearance before the commander.
On 31 Mar 95, the commander found he had committed the alleged offense and imposed punishment consisting of a reduction in grade to airman first class (E-3) and forfeiture of $560.00 per month for two months (suspended until 30 Sep 95).
On 21 Sep 96, the applicant was honorably discharged at the completion of his required active service and was credited with 7 years, 3 months, and 26 days of total active service.
On 14 Jan 98, AFPC/DPPAES notified the applicant, apparently in response to his initial request for correction of military records, that he had not exhausted all administrative remedies because his RE code could be waived to permit his entry into the Air Force Reserve, provided he was otherwise eligible. At present, only the Air National Guard (ANG) considers waivers to this code for the purpose of enlistment based on the needs of the ANG and provided such applicants are otherwise qualified.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial, indicating there is no evidence of an error or injustice. The applicants ineligibility for reenlistment was a result of his own actions of committing an indecent assault. He was demoted to the grade of airman first class (E-3) based on his own decisions and actions and was given an RE code that reflected these circumstances.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 16 Jul 10 for review and response 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 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 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. No evidence has been presented which would lead us to believe the RE code of 4E was not appropriately assigned or did not accurately reflect the circumstances of his discharge. We also note the ANG presently considers waivers to this code for the purpose of enlistment, based on the needs of the ANG and provided such applicants are otherwise qualified to serve. Therefore, in the absence of evidence to the contrary, we find no 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-1997-03613 in Executive Session on 14 Oct 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 6 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 10.
Panel Chair
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