RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03359
INDEX NUMBER: 110.00
XXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
______________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed from “4H”, serving
suspended punishment pursuant to Article 15, Uniform Code of Military
Justice (UCMJ), to one that would allow his reentry into the Air Force.
His rank be restored.
______________________________________________________________
APPLICANT CONTENDS THAT:
The punishment he received under Article 15 was suspended, so his rank
and RE code should be upgraded.
The applicant’s complete submission is at Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 3 Mar 93. On 13 Dec 93, while
in the grade of airman, the applicant was punished under Article 15,
UCMJ, by his squadron commander for providing an alcoholic beverage to a
person under 21 years of age in violation of local state law. Punishment
consisted of forfeiture of $100.00 pay and 7 days extra duty. On 21 Dec
93, he was again punished under Article 15 for drunk and disorderly
conduct. Punishment consisted of a six month suspended reduction to
airman basic, forfeiture of $50.00 pay per month for two months. The
applicant, while in the grade of senior airman, was punished under
Article 15 on 28 Dec 00 for driving while drunk. Punishment consisted of
reduction to the grade of airman first class, forfeiture of $667.00 pay
per month for two months suspended for six months, restriction to base
and restriction from all facilities that serve alcohol for 20 days, and
20 days extra duty. The applicant was discharged from the Air Force on
30 Jan 01 after completion of required service. He was issued an RE code
of “4H.”
A resume of his enlisted performance reports (EPRs) follows:
Closeout Date Overall Rating
2 Nov 94 5
15 Nov 95 4
15 Nov 96 5
15 Nov 97 5
15 Nov 98 5
15 Nov 99 4
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends denial of the applicant’s request. The RE code of
“4H” is correct as applicant was serving Article 15 punishment at the
time of discharge.
The complete evaluation is at Exhibit C.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded to the Air Force evaluation and indicated that he
believes it would be an unjust ruling to deny his request. He states
that although he was punished under Article 15 for operating a vehicle
while drunk, there was no Breathalyzer or blood sample taken. He claims
that the only reason he accepted the punishment was because he was
supposed to start a new career and could not be delayed. He states that
since the punishment was suspended and he was separating, he was not
given the opportunity to fulfill the punishment and move on in his
military career. He asks the Board to change his RE code and allow him
to serve in the Air Force Reserves during the country’s time of need.
The applicant’s complete submission is at Exhibit E.
______________________________________________________________
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. The Board notes that the applicant
contends that he only accepted punishment under Article 15 because he was
due to start a new career and could not be delayed. Notwithstanding this
argument, the applicant has not provided sufficient evidence to show that
the action was not warranted or that the commander’s actions were
arbitrary or capricious. The Board also notes that only the forfeiture
of pay was suspended and that the applicant was actually reduced in
grade, negating his argument that his rank should be restored because his
punishment was suspended. The Board does not find any violation of Air
Force policy or procedure in the applicant’s case and agrees with the Air
Force office of primary responsibility that the applicant’s Reenlistment
Eligibility code of “4H’ is correct. Therefore, we find no compelling
basis to grant the relief requested.
______________________________________________________________
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 02-03359 in
Executive Session on 6 March 2003, under the provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPPAE, dated 10 Dec 02.
Exhibit D. Letter, SAF/MIBR, dated 20 Dec 02.
Exhibit E. Letter, Applicant, dated 13 Jan 03.
JOSEPH A. ROJ
Panel Chair
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