RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03558
INDEX CODE: 112.10
XXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) code be changed from 4H (serving
suspended punishment to Article 15) to 1J (eligible to reenlist but elected
to separate).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She wishes to continue her military career in the Air National Guard. She
has exhausted all available and effective administrative remedies to her
request. She fulfilled her punishment when she separated from active duty
on 2 September 2002. Since she left active duty prior to her punishment
suspension of 4 December 2002, a 4H reentry code no longer applies. She
has had an extremely successful career and it is her desire to continue to
serve as a member of the National Guard. The leave fraud incident does not
represent her; it only represents an error in her judgment.
In support of her application, the applicant provides a military timeline
of events/resume, her last eight performance reports, her Wisconsin
Department of Public Instruction license, and numerous certificates of
appreciation, recognition and achievements. The applicant’s complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 3 June 1993, the applicant enlisted in the Regular Air Force for a
period of four years. She was progressively promoted to the rank of staff
sergeant (E-5) effective 1 April 1999. She received eight performance
reports, all with a promotion recommendation of five, for the period 3 June
1993 through 1 February 2002.
On 2 June 2002, the applicant received punishment under Article 15, UCMJ
for leave fraud. As punishment, the applicant received a suspended
reduction in grade to senior airman, until 4 December 2002, after which
time it would be remitted without further action, unless sooner vacated;
forfeiture of $270 pay; and a reprimand. The applicant chose not to appeal
the punishment.
On 2 September 2002, the applicant was honorably discharged in the grade of
SSgt because of completion of regular active service. She had served nine
years and three months on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends denial. DPPAE stated the applicant received the
correct RE Code upon her separation in accordance with AFI 36-2606,
Reenlistment in the United States Air Force. The applicant separated while
serving the suspended portion of her Article 15 punishment; therefore, her
RE Code should not be changed. 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 (Exhibit D). 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 probable error or injustice. It appears that the applicant’s
RE code was properly assigned based on her circumstances at the time of her
separation. While it is true that she served honorably and well for the
majority of her career, her RE code had its basis in the fact that she was
undergoing suspended punishment under Article 15, for the commission of
offense punishable under the UCMJ. The applicant separated three months
before the suspension was due to be remitted. The applicant has provided
no evidence showing her commander abused his discretionary authority when
he determined she had committed the offense for which punishment was
imposed, that her rights were violated, or that the RE code she received
was contrary to the provisions of the governing Air Force instruction. We
note that the applicant’s RE code is one that may be waived. However,
whether or not a waiver would be approved would be based on the needs of
the service to which she applies. Accordingly, in view of all the above
and in the absence of persuasive evidence which would lead us to believe
the applicant was the victim of an error or injustice, her request is not
favorably considered.
_________________________________________________________________
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 this application in Executive
Session on 14 May 2003, under the provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. David W. Mulgrew, Member
Ms. Barbara J. White-Olson, Member
The following documentary evidence for AFBCMR Docket Number BC-2002-03558
was considered:
Exhibit A. DD Form 149, dated 4 Nov 02, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 3 Feb 03.
Exhibit D. Letter, SAF/MRBR, dated 14 Feb 03.
BRENDA L. ROMINE
Panel Chair
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