RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02874
INDEX CODE: 100.03, 100.06
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed from "4" to "1."
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is applying to become an officer in the --- Air National Guard.
In support of his request, applicant provided a copy of his DD Form 214,
Certificate of Release or Discharge form Active duty; and documents
associated with an --- State Department of Education background
investigation. His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 29 May 96. He was
progressively promoted to the grade of senior airman, having assumed that
grade effective and with a date of rank of 29 May 99.
On 8 Dec 97, applicant was notified by his commander of his intent to
impose nonjudicial punishment under Article 15 of the Uniform Code of
Military Justice (UCMJ). The specific reasons for this action was his
possession of a firearm in the dormitory, making a false official
statement, unlawfully pushing another airman in the chest with his hands,
and wrongfully exhibiting a deadly weapon in the dormitory. Applicant was
advised of his rights in this matter, consulted counsel, waived his right
to demand trial by court-martial, and submitted an oral and written
presentation to his commander. On 19 Dec 97, his commander determined that
he committed one or more of the offense alleged and imposed punishment that
consisted of reduction to the grade of airman, suspended until 18 Mar 98.
The applicant elected not to appeal his punishment.
On 2 Mar 00, applicant was notified by his commander of his intent to
impose nonjudicial punishment under Article 15 of the UCMJ. The specific
reasons for this action were for being drunk and disorderly and wrongfully
communicating a threat to shoot another individual. Applicant was advised
of his rights in this matter, consulted counsel, waived his right to demand
trial by court-martial, and submitted a written presentation to his
commander. On 9 Mar 00, his commander determined that he committed one or
more of the offense alleged and imposed punishment that consisted of
reduction to the grade of airman first class with a date of rank and
effective date of 9 Mar 00, and, reduction to the grade or airman. That
portion of the punishment reducing the applicant to the grade or airman was
suspended until 28 May 00. The applicant appealed the punishment. His
appeal was denied by the appellate authority on 14 Mar 00.
On 28 May 00, the applicant was honorably discharged at the expiration of
his term of service. He served 4 years on active duty and was assigned RE
code 4H, which denotes "Serving suspended punishment pursuant to Article
15, Uniformed Code of Military Justice (UCMJ)."
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE reviewed applicant's request and recommends denial. DPPAE
states that the RE code assigned at the time of his discharge was correct
and he has not satisfactorily indicated that the RE code was inappropriate
or not in compliance with Air Force policy.
The DPPAE 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 6 Sep
02 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we are not
persuaded by the evidence submitted in support of his appeal that a change
to his RE code is warranted. We find no evidence of error in this case and
after thoroughly reviewing the evidence of record, we do not believe he has
been the victim of an injustice. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. 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 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 02-02874 in
Executive Session on 30 Oct 02, under the provisions of AFI 36-2603:
Mr. Lawrence R. Leehy, Panel Chair
Ms. Diane Arnold, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 20 Aug 02.
Exhibit D. Letter, SAF/MRBR, dated 6 Sep 02.
LAWRENCE R. LEEHY
Panel Chair
AF | BCMR | CY2003 | BC-2002-02844
The applicant has provided no evidence of a clear error or injustice related to the nonjudicial punishment action. _________________________________________________________________ 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...
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...
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His former Air Force Specialty Code (AFSC) of 3P051 be reinstated. However, if the Board recommends the applicant’s rank of E-4 be restored, they recommend changing his RE code to 3K (i.e., Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate). Evidence has not been presented which would lead us to believe that the nonjudicial punishment, initiated on 22 July 1999 and imposed on 30 July 1999, was improper.
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_________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 8 September 1999, he was separated under the provisions of AFR 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K. Exhibit D. Letter, SAF/MIBR, dated 27 Apr 01. THOMAS S. MARKIEWICZ Panel Chair AFBCMR...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-03532 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment (RE) code be changed to allow him to enlist in the Mississippi Air National Guard. Applicant's EPR profile reflects the following: PERIOD ENDING OVERALL EVALUATION 17 Dec 95 2 2 Aug 96...
AF | BCMR | CY2003 | BC-2002-02376
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02376 INDEX CODES: 100.06, 126.04 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The nonjudicial punishment under Article 15 initiated on 6 Apr 98 and imposed on 23 Apr 98 be set aside and removed from his records. He asked four times about his rights regarding the base and state driving laws. Therefore,...