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AF | BCMR | CY2003 | BC-2002-02327
Original file (BC-2002-02327.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02327
            INDEX NUMBER:  110.00
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of “4E” be changed to  one  that
does not require a waiver for him to reenter the Air Force.

________________________________________________________________

APPLICANT CONTENDS THAT:

In support of his appeal, applicant attaches a copy of his DD Form  214
and a copy of his last reenlistment contract.

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 19 Nov 92.  On  16  Nov  95,
the applicant was tried by  special  court-martial  for  attempting  to
wrongfully possess Lysergic Acid Diethylamide (LSD).  The applicant was
found guilty and sentenced to reduction to the grade of airman basic (E-
1), forfeiture of $500.00 per month for four  months,  and  confinement
for four months.  His sentence was reduced to reduction to the grade of
airman (E-2), three months confinement, and forfeiture of  $400.00  per
month for three months.  The applicant was  promoted  to  airman  first
class (A1C) on 16 Oct 96.  The applicant was discharged  on  7  Feb  97
after three years, eleven months of credible service with an  honorable
discharge.  The applicant was given an RE code of “4E” based on  having
completed more than 31 months of service and having a grade of  A1C  or
lower.

A resume of his enlisted performance reports (EPRs) follows:

      Closeout Date                     Overall Rating

        28 Feb 95                            4
       *28 Feb 96                            3
        13 Oct 96                            5

* Referral EPR

Additional information pertinent to this application  is  contained  in
the evaluation prepared by the appropriate  office  of  the  Air  Force
found at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of the applicant’s request to  change  his
RE code.  Based on documents available in the applicant’s records,  the
RE code the applicant received is correct.

The complete 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 10
Jan 03 for review and comment within 30 days.  To date, a response  has
not been received.

________________________________________________________________

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.  We took notice of the applicant's
complete submission in judging the merits  of  the  case;  however,  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.  Therefore, in the absence of evidence to the  contrary,  we
find no compelling basis to recommend granting  the  relief  sought  in
this application.

_______________________________________________________________

The following members of the Board considered Docket Number 02-02327 in
Executive Session on 4 March 2003, under the provisions of AFI 36-2603:

      Mr. Joseph A. Roj, Panel Chair
      Mr. James W. Russell, III, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAE, dated 27 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 03.




                                   JOSEPH A. ROJ
                                   Panel Chair


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