RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2002-04089
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXXXX                     HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of  4D  (senior  airman  or  sergeant
with at least nine years  total  active  military  service  but  fewer  than
sixteen years) be changed to enable her to reenter the military.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She was unaware  her  RE  code  prevents  her  from  reentry  into  military
service.   She  should  be  eligible  for  continued  service.   If  she  is
ineligible because she received separation pay, then she is willing  to  pay
it back incrementally.

The  applicant  provided  no  evidence  in  support  of  her  appeal.    The
applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 2 November 1987, the applicant enlisted in the Regular Air Force  at  the
age of 20 in the grade of airman basic (E-1) for  a  period  of  six  years.
The applicant was progressively promoted to  the  grade  of  staff  sergeant
(SSgt) effective and with the date of rank of 1 March 1995.

On 3 September 1996, the applicant received  punishment  under  Article  15,
UCMJ for dereliction of duty.  Her  punishment  consisted  of  reduction  in
grade to senior airman (SrA) with a new date of rank of 30 August  1996  and
forfeiture of $250  pay  per  month  for  two  months,  suspended  until  28
February 1997, after which time it was remitted without further action.   On
27 October 1996, the applicant  received  a  referral  enlisted  performance
report (EPR) for substandard duty performance.

The applicant was honorably  discharged  effective  8  August  1998  with  a
separation code LCC (reduction in force) and a reentry code  of  4D  (senior
airman or sergeant with at least nine years total  active  military  service
but fewer than sixteen years).  She received separation pay  in  the  amount
of $18,494.73.  She had served 10 years, 9  months  and  7  days  on  active
duty.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  Her RE  code  is  correct  and  was  properly
given in accordance with proper Air Force authority.  Based on her grade  as
SrA, her high year of tenure (HYT) was established as 10 years total  active
federal military service (TAFMS).  In accordance with Air Force  Instruction
(AFI) 36-3606, Reenlistments in the United States Air Force,  personnel  not
obtaining the grade of Staff Sergeant prior to HYT will  be  separated  from
the Air Force.  The DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant stated the Air Force Instruction mentioned in the Air  Force
advisory refers to personnel not obtaining the grade  of  SSgt.   She,  in
fact, was promoted to SSgt prior to her HYT.  While she  acknowledges  she
made a mistake while maintaining an aircraft, she feels she has served her
punishment and has learned her lesson.  She feels it was an oversight that
she was not given an opportunity to earn her stripe back.  She  wants  her
record changed so she can apply for a commission in the Coast  Guard.   At
age 36, she believes that she  is  now  too  old  to  be  eligible  for  a
commission in any branch of service, so the unjust RE Code in her  records
has served its purpose.  She would still like to see it  changed  for  the
principal of it.  The applicant’s review 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 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 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
underwent demotion to the grade of SrA under Article 15, for the  commission
of offense punishable  under  the  UCMJ.   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 28 May 2003, under the provisions of AFI 36-2603:

            Ms. Patricia D. Vestal, Panel Chair
            Mr. James W. Russell III, Member
            Ms. Martha Maust, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2002-04089
was considered:

     Exhibit A.  DD Forms 149, dated 19 Dec 02.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 15 Apr 03.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 03.
     Exhibit E.  Applicant’s Rebuttal, dated 29 Apr 03.



                                  PATRICIA D. VESTAL
                                  Panel Chair