RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00816 (Cs #2)
INDEX CODE 131.09
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
APPLICANT REQUESTS THAT:
1. His reenlistment eligibility (RE) code be changed to one that
will permit him the option of reenlisting.
2. He be promoted to the grade of senior airman (SRA).
3. The back pay be donated to a cause assisting other falsely
accused veterans.
4. He be given an apology letter for the 23 days of extra duty.
APPLICANT CONTENDS THAT:
He received the “4E” RE code due to his failure to make SRA, which was
the direct result of the two unjust Article 15s, which were declared
void in his earlier AFBCMR case [#98-00011]. He met and exceeded every
qualification to be an SRA. He thought winning his first case would
have given him the SRA, but he learned this was not so and now
believes this process will never end.
A copy of applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
On 22 October 1998, the Board granted the applicant’s request to have
two Article 15s removed from his records. A copy of the Record of
Proceedings (ROP) for the first appeal is at Exhibit C.
Applicant’s Enlisted Performance Reports (EPRs) are not “firewalled”
and contain both positive and negative remarks. The overall ratings
are: 4 (downgraded from 5), 2 (downgraded from 3; the Article 15s
occurred during this rating period but are not mentioned on the
report), and 3.
After 4 years of active service, he was honorably released from active
duty in the grade of airman first class on 19 October 1996 with an RE
code of “4E” (Grade is airman first class or below and airman
completed 31 or more months, if a first-term airman). RE codes from
the “1” series render a member “Eligible for Immediate Reenlistment.”
RE codes from “3” and “4” series indicate “Conditions Barring
Immediate Reenlistment” and are “waiverable.” In other words, “3” and
“4” RE codes permit an individual to apply for enlistment and, should
he/she have desirable skills and is otherwise acceptable, the Reserves
may elect to waive the ineligibility and allow the individual to
enlist.
The remaining relevant facts pertaining to the instant appeal,
extracted from the applicant’s military records, are contained in the
letters prepared by the appropriate offices of the Air Force.
Accordingly, there is no need to recite these facts in this ROP.
AIR FORCE EVALUATION:
The Chief, Skills Management Branch, HQ AFPC/DPPAE, provides his
rationale for recommending the case be denied. However, if the Board
decides to promote the applicant to SRA, then the RE code should be
changed to “3K” (Reserved for use by HQ AFPC or the AFBCMR when no
other RE code applies or is appropriate).
A complete copy of the evaluation is at Exhibit D.
The Chief, Inquiries/AFBCMR Section, HQ AFPC/DPPPWB, discusses the
applicant’s promotion eligibility as originally affected by the
Article 15s and by their subsequent removal. On 20 October 1995, the
applicant met the basic eligibility requirements for promotion to SRA;
however, he needed his commander’s recommendation. As the Chief feels
he is not in a position at this time to determine, based on the
applicant’s circumstances and his EPRs, if his commander would have
approved him for promotion, he defers to the decision of the Board. If
it chooses to promote the applicant to SRA, [it would become effective
20 October 1995.]
A complete copy of the evaluation, with attachment, is at Exhibit E.
The Staff Judge Advocate (SJA), HQ AFPC/JA, indicates that, although
the only criterion under AFI 36-2502 which the applicant did not
fulfill on 20 October 1995 was a recommendation by his commander that
he be promoted, the applicant’s EPRs throughout his term of enlistment
were marginal at best, were twice downgraded by the rater’s rater and
do not show a service record which would have been likely to result in
a recommendation for
promotion by his commander. The SJA opines that it might do a
disservice to both the applicant and the Air Force to have him reenter
active duty.
A complete copy of the evaluation is at Exhibit F.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a duplicate response by both letter and
electronic mailgram. He contends he was a good soldier who worked hard
every day. No one gets promoted if removed from the eligibility list
and two Article 15s do that. There is nothing wrong with being
average as long as you do your best. The same commander who imposed
the Article 15s downgraded his one marginal EPR. If you took away all
the “3s,” or average people, you wouldn’t have any military or half of
the country. Even if the Board changes the RE code he probably would
not reenlist because of his bad experience. Since the Article 15s
have been voided, he has been promoted twice as a civilian. He asks
for justice with promotion to SRA and an honorable RE code.
In a follow-up rebuttal, he asserts he would have been promoted to SRA
and tested for staff sergeant were it not for the now-voided Article
15s.
Applicant’s complete rebuttals are at Exhibit H.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice to warrant promotion to
SRA. In an earlier case, the applicant requested that two Article 15s
be removed from his records. While the early removal of the Article
15s from his Unfavorable Information File could have been a mere
administrative action, the available evidence did raise the
possibility that he may have been cleared of the charges against him,
as he contended. Therefore, on the basis of clemency, we elected to
resolve any doubt in his favor and recommended the Article 15s be
removed. In the instant case, we presume the commander would have
recommended the applicant for promotion but for the nonjudicial
punishments. Consequently, our recommendation that he be promoted to
SRA is driven by the same basis that drove our initial decision
regarding the Article 15s--clemency and the benefit of the doubt. By
the same token, we do not believe our presumption should be carried so
far as to grant him an RE code that renders him eligible for immediate
reenlistment. With the removal of the Article 15s and his promotion
to SRA, the “4E” code he received is no longer correct. We believe a
reasonable compromise would be to award the applicant the “3K” code,
which is also a “waiverable” RE code but with a more innocuous
definition than the “4E” he received. This waiverable code would
permit him to apply for enlistment and, should he have desirable
skills and is otherwise acceptable, the Reserves may elect to waive
his ineligibility and allow him to enlist. The applicant should
understand that this RE code change in no way obligates any of the
Services to accept him for enlistment. As for his requests that his
back pay be donated to a “cause assisting other falsely accused
veterans” and he be given a letter of apology, it is neither within
our purview to direct how his back pay should be spent nor appropriate
for us to apologize for disciplinary actions that may have been proper
and reasonable at the time. Therefore, we recommend his records be
corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. He was promoted to the grade of senior airman, effective and
with a date of rank of 20 October 1995.
b. In conjunction with his honorable release from active duty
on 19 October 1996, he was issued a reenlistment eligibility code of
“3K,” rather than “4E.”
The following members of the Board considered this application in
Executive Session on 28 February 2000, under the provisions of AFI 36-
2603:
Ms. Martha Maust, Panel Chair
Mr. William E. Edwards, Member
Mr. Grover L. Dunn, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, undated, received 29 Mar 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. ROP dated 8 Dec 98, w/atchs.
Exhibit D. Letter, HQ AFPC/DPPAE, dated 23 Apr 99.
Exhibit E. Letter, HQ AFPC/DPPPWB, dated 28 Apr 99, w/atch.
Exhibit F. Letter, HQ AFPC/JA, dated 17 May 99.
Exhibit G. Letter, AFBCMR, dated 21 Jun 99.
Exhibit H. Letters, Applicant, dated 24 Jun 99, and undated.
MARTHA MAUST
Panel Chair
AFBCMR 99-00816
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 XXXXXXX, XXXXXXX, be corrected to show that:
a. He was promoted to the grade of senior airman,
effective and with a date of rank of 20 October 1995.
b. In conjunction with his honorable release from active
duty on 19 October 1996, he was issued a reenlistment eligibility code
of “3K,” rather than “4E.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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