RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02083
INDEX CODE: 100.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 4H be changed to 1J, which
defined means “Eligible to reenlist, but elects separation.”
RE Code 4H is defined as “Serving suspended punishment pursuant to
Article 15, Uniform Code of Military Justice (UCMJ).”
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his separation, his RE code should not have been a 4H
because he was on a suspended Article 15, with an expiration date of 6
Jul 00.
In support of his request, applicant submits a copy of his Article 15
(Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force
on 13 Jan 93 and was progressively promoted to the grade of senior
airman (E-4), with an effective date and date of rank of 13 Jan 96.
He reenlisted on 8 Jul 96 in the grade of E-4 for a period of 4 years.
On 27 Apr 00, applicant was notified of his commander's intent to
impose nonjudicial punishment (Article 15) for writing a bad check on
or about 6 Mar 00, in violation of Article 123a, UCMJ. The applicant
consulted a lawyer, waived his right to demand trial by court-martial
and accepted nonjudicial punishment. After considering all matters
presented to him, the commander, on 2 May 00, found that the applicant
did commit one or more of the offenses alleged. The commander imposed
punishment consisting of a reduction to the grade of airman first
class (E-3), suspended until 6 Jul 00, after which time it would be
remitted without further action, unless sooner vacated, and 30 days of
extra duty. Applicant did not appeal the punishment.
On 7 Jul 00, under the provisions of AFI 36-3208 (completion of
required active service), the applicant was released from active duty
and transferred to the Air Force Reserve. He had completed a total of
7 years, 5 months and 25 days of active service and was serving in the
grade of senior airman (E-4) at the time of his separation. He
received an RE Code of 4H.
_________________________________________________________________
AIR FORCE EVALUATION:
The Skills Management Branch, HQ AFPC/DPPAE, stated that, based on the
applicant’s suspension of 6 Jul 00 and his separation date of 7 Jul
00, his RE code should not have been a 4H for that one day. However,
DPPAE has no way of knowing what his RE code should be since the
applicant’s commander would have had to initiate an AF Form 418,
Selective Reenlistment Consideration, either denying or recommending
him for reenlistment. DPPAE recommended changing the applicant’s RE
code to 3K, which is defined as “Reserved for use by HQ AFPC or the
Air Force Board for Correction of Military Records (AFBCMR) when no
other reenlistment eligibility code applies or is appropriate.” A
complete copy of this evaluation is appended at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 21
Sep 01 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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 injustice. After reviewing the evidence of
record, we are persuaded that some relief is warranted. In this
respect, we are in agreement with the opinion and recommendation of
the appropriate Air Force office, HQ AFPC/DPPAE, that, since the
suspension of the applicant’s reduction in grade was remitted the day
before he separated, his RE code should not have been a 4H for that
one day. However, we are not inclined to change the RE code to “1J”
as the applicant has requested. Inasmuch as the applicant was not
considered for the Selective Reenlistment Program (SRP), we recommend
that the RE code 4H be changed to 3K. In our view, this is the proper
and fitting relief in this case. We therefore conclude that the
applicant’s records should 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 his reenlistment
eligibility (RE) code, issued in conjunction with his release from
active duty on 7 July 2000, was “3K.”
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 31 October 2001, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Albert F. Lowas Jr., Member
Mr. E. David Hoard, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jul 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 12 Sep 01.
Exhibit D. Letter, SAF/MRBR, dated 21 Sep 01.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR 01-02083
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 his reenlistment
eligibility (RE) code, issued in conjunction with his release from
active duty on 7 July 2000, was “3K.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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