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AF | BCMR | CY2003 | BC-2002-03426
Original file (BC-2002-03426.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  02-03426
            INDEX CODE:  112.05
                                  COUNSEL:  NONE

                                  HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4E be changed to  a  code  that
will enable him to reenlist and that his grade of senior airman (SrA/E-4)
be reinstated.
___________________________________________________________________

APPLICANT CONTENDS THAT:

He is not implying that the code was in error or  unjust.   He  has  been
honorably discharged for over 2 years and  would  like  to  try  a  prior
service reenlistment.  He received an RE code of 4E because he  separated
as an airman first class (A1C/E-3) due to losing a stripe for an  on-base
DUI during the final year of his enlistment.   He  doesn’t  believe  this
should keep him from serving again, especially since he can serve in  the
Reserve.

In support of his  appeal,  applicant  provided  several  statements  and
letters of recommendation from former co-workers,  first  sergeants,  and
superiors.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 Aug 96 for a period  of
4 years.  He was progressively promoted to the  grade  of  senior  airman
with an effective date and date of rank (DOR) of 28 Aug 99.

A resume of applicant’s airman performance reports (APR) follows:

            PERIOD CLOSING              OVERALL EVALUATION

                 27 Apr 98                                    5
                 01 Apr 99                                    5
                 01 Apr 00                                    5

On 1 May 00, the commander notified the applicant of his intent to impose
nonjudicial punishment (Article 15) for driving under  the  influence  of
alcohol.  On 4 May 00, after consulting with  counsel,  he  accepted  the
Article 15 and presented matters in his own behalf.  On  5  May  00,  his
commander considered his appeal and determined that  he  did  commit  the
offense alleged.  He received a reduction in grade to the rank of  airman
first class with an effective date and date of rank of 5 May 00.

On 27 Aug 00, he was honorably released from active duty and  transferred
to the inactive Reserve under the provisions of AFI 36-3208 in the  grade
of airman first class.  He received a reenlistment eligibility code of 4E
(grade of airman first class or below and completed 31 or more months, if
a first-term airman; or, grade is airman first class  or  below  and  the
airman is a second-term or career airman).  He  was  credited  with  four
years of active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPAE  recommended  denial.   They  found  no  justification  or
evidence that RE code 4E was incorrectly assessed to his record.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant further explained that his complaint or issue was not to  claim
that his loss of rank was unwarranted, but that  he  was  petitioning  to
have his re-entry code changed to one that would  make  him  eligible  to
reenlist into the Air Force.

Applicant’s complete response 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.  At the time a member is separated  from
the Air Force, they are furnished an RE Code predicated upon the  quality
of their service and the circumstances of their separation.  The assigned
code reflects the Air Force’s position regarding whether or not, or under
what circumstances, the individual should be allowed  to  reenlist.   The
applicant’s assigned RE code  of  4E  accurately  reflects  that  he  was
serving in the grade of airman first class at the time of his separation.
 After reviewing the documentation submitted in  support  of  applicant’s
appeal, we find no evidence to indicate that the assigned RE code  is  in
error or unjust, or that his grade at the time of his separation  was  in
error.  There being insufficient evidence to the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief  sought  in  this
application.

4.  We note that RE code 4E is a  code  that  can  be  waived  for  prior
service enlistment consideration,  provided  applicant  meets  all  other
requirements for enlistment under  an  existing  prior  service  program.
Therefore, we suggest that the  applicant  contact  his  local  recruiter
concerning his possible re-affiliation with the military.

___________________________________________________________________

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 AFBCMR  Docket  Number  02-
03426 in Executive Session on 18 March 2003, under the provisions of  AFI
36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated Oct 14, 2002, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 18 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.
    Exhibit E.  Letter, Applicant, dated 15 Jan 03.




                 PHILIP SHEUERMAN
                 Panel Chair

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