RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02000
INDEX CODE: 110.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Separation and Reenlistment Eligibility (RE) codes be changed to
allow him entry into the Air Force Reserves.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He accepted an early discharge under the "Early Separation Program -
Strength Reduction." The Separation and RE codes he received give the
indication he was separated due to an administrative action. During
his military period, there were no administrative and no legal actions
taken against him.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 23 February 1988 as an
airman basic for a period of four years.
On 16 January 1991, applicant's commander notified him of his intent
to impose nonjudicial action on him for allowing his room to be filthy
and unsanitary on 9 January 1991 and failing to report to duty on 16
January 1991. After consulting counsel, he waived his right to present
matters. The squadron section commander notified the applicant on 23
January 1991, that he was not being considered for promotion to senior
airman. The applicant acknowledged receipt of the nonrecommendation
for promotion on 23 January 1991. On 25 January 1991, he was found
guilty by his commander who imposed the following punishment:
reduction in grade to airman basic--suspended until 9 July 1991, at
which time it would be remitted without further action unless sooner
vacated; forfeiture of $50 for 2 months and 30 days in correctional
custody. He did not appeal the punishment.
The applicant was honorably discharged on 15 July 1991. He served 3
years, 4 months and 23 days of total active service.
He was given an RE code of 4H which means "Serving suspended
punishment pursuant to Article 15, Uniform Code of Military Justice”
and a SPD of K23 which means "Early Separation Program - Strength
Reduction."
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS believes, based on the documentation in the applicant's
case file regarding his separation, his discharge was consistent with
procedural and substantive requirements of the discharge regulation;
and the discharge was within the sound discretion of the discharge
authority.
They further state the applicant has not submitted any evidence
identifying any errors or injustices that occurred during the
processing of his discharge. Nor, has he provided any evidence or
documentation to warrant a change in his discharge. DPPRS recommends
denying the applicant's request.
A complete copy of the evaluation is attached at Exhibit C.
AFPC/DPPAE states the RE code 4H "Serving suspended punishment
pursuant to Article 15, Uniform Code of Military Justice (UCMJ)" the
applicant received is correct (Exhibit D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
9 August 2002, for review and response. As of this date, no response
has been received by this office.
_________________________________________________________________
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 error or injustice. After careful consideration of
the circumstances of this case and the evidence provided by the
applicant, we are not persuaded his requests to change the RE and
separation codes is warranted. The applicant was separated under the
early release program and his separation code, K23, reflects this.
However, at the time of separation he was serving a suspended
punishment under the provisions of Article 15. Therefore, the RE code
he received is apparently in accordance with the governing
regulations. In view of the foregoing, we agree with the opinions and
recommendations of the Air Force and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered Docket Number 02-
02000 in Executive Session on 1 October 2002, under the provisions of
AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. James E. Short, Member
Ms. Martha J. Evans, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jun 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 16 Jul 02.
Exhibit D. Letter, AFPC/DPPAE, dated 31 Jul 02.
Exhibit E. Letter, SAF/MRBR, dated 9 Aug 02.
DAVID C. VAN GASBECK
Panel Chair
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