RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-04028
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed from 4E to 1J.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a young man and made a mistake. He completed the Anger Management
and Alcoholics Anonymous course, which he was required to attend. Aside
from this incident his performance evaluations were effective and
satisfactory. He also acquired several service medals during his military
career. Since his separation, he has become a model citizen. He has not
had any incidents with the law or alcoholism. He hopes to receive a second
chance in continuing his military career. He feels he will be a great
asset to his country.
In support of his appeal, applicant provides a personal statement, a copy
of his DD Form 214, page 3 of an AF Form 3070, Record of Nonjudicial
Punishment Proceedings and copies of his Enlisted Performance Reports for
the period beginning 27 July 1995 and ending 1 February 1999. The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 July 1995, the applicant enlisted in the Regular Air Force for a
period of 4 years. During this period of service, he was progressively
promoted to senior airman (E-4). He received a total of three Enlisted
Performance Reports (APRs) for the periods ending 27 March 1997, 1 February
1998 and 1 February 1999. The first two EPR’s had an overall promotion
recommendation of “5.” His last EPR was considered a referral report and
received an overall promotion recommendation of “3.”
On 3 February 1999, nonjudicial punishment was offered to the applicant
under Article 15, UCMJ for striking an individual with a beer bottle. The
applicant was advised of his rights in the matter. After consulting
counsel, the applicant waived his right to demand trial by court-martial
and accepted the nonjudicial proceedings. He provided a written
presentation and requested a personal appearance before the commander. On
10 February 1999, after considering the matters presented by the applicant,
the commander determined he had committed the offense alleged and imposed
punishment on the applicant. The applicant was reduced to the grade of
airman first class (E-3), ordered to forfeit $612 of his pay per month for
two months and given 45 days of extra duty.
On 26 July 1999, the applicant was discharged with an honorable discharge
because of expiration of term of service. He had served 4 years on active
duty. His awards include the Air Force Training Ribbon, Air Force Overseas
Long Tour Ribbon, Air Force Outstanding Unit Award with 1 device, Good
Conduct Medal, and the National Defense Service Medal. An RE code of 4E
(Grade is Airman First Class or below and airman completed 31 or more
months, if first term airman; or grade is Airman First Class or below and
airman is a second term or career airman) was assigned.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE states that the RE code of 4E is correct. 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 14
February 2003, for review and response. 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 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 that would warrant a change to his
Reenlistment Eligibility (RE) code. We agree with the opinion of the Air
Force office of primary responsibility that the RE code which was assigned
at the time of his separation accurately reflects the circumstances of his
separation and evidence has not been provided that would lead us to believe
otherwise. Although a “4” series RE code indicates “Conditions Barring
Immediate Reenlistment,” these codes, are “waiverable.” An RE “4” series
code will permit him to apply for enlistment and, should he have desirable
skills and be otherwise medically qualified, the Air National Guard (ANG)
may elect to waive his ineligibility and allow him to enlist. The
applicant should understand that this RE code in no way obligates the ANG
or any of the other Services to accept him for enlistment. In view of the
above, we find no basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 this application in Executive
Session on 14 May 2003, under the provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. David W. Mulgrew, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Dec 02 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 10 Feb 03.
Exhibit D. Letter, SAF/MRBR, dated 14 Feb 03.
BRENDA L. ROMINE
Panel Chair
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