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AF | BCMR | CY2003 | BC-2002-04112
Original file (BC-2002-04112.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-04112
            INDEX CODE:  110.00, 100.03

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code  of  4H  be  changed  to  allow
eligibility to enlist in the Air National Guard.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His career was ended prematurely due to the actions of his ex-wife and
her dependents.

In support of  his  request,  applicant  submits  a  personal  letter,
character references, copies of his DD Form 214, divorce decree, court
summons, and additional documents associated with the issues cited  in
his  contentions.    The   applicant’s   complete   submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
7 Mar 89.  He was progressively promoted to the grade of senior airman
(E-4), with an effective date and date of  rank  of  7  Sep  91.   The
following is a resume of his EPR ratings subsequent to  his  promotion
to that grade (oldest to most recent):  3 (consider for promotion),  4
(ready for promotion), 4 and 3.

On 17 May 95, the applicant was nonrecommended for  reenlistment  and,
on 24 May 95, the unit commander concurred with the recommendation and
the applicant  was  not  selected  for  reenlistment.   The  applicant
acknowledged  receipt  of  the  nonselection  for   reenlistment   and
indicated his intent to appeal the decision.  As of  14  Jun  95,  the
applicant’s appeal was not received.

On 16 Aug 95, applicant was notified  of  his  commander's  intent  to
impose nonjudicial punishment on  him  under  Article  15,  UCMJ,  for
failure to go at the time prescribed,  in  violation  of  Article  86,
UCMJ.  The applicant consulted a lawyer, waived his  right  to  demand
trial by court-martial and  accepted  nonjudicial  punishment.   After
considering all matters presented to him, the commander found that the
applicant did commit  one  or  more  of  the  offenses  alleged.   The
commander imposed punishment of a suspended reduction to the grade  of
airman first class (E-3) until 29 Nov 95 and 45 days  of  extra  duty.
Applicant did not appeal the punishment.

On 30 Nov  95,  the  applicant  was  honorably  discharged  under  the
provisions of AFI 36-3208 (completion of required active service).  He
had completed a total of 6 years, 8 months and 23 days and was serving
in the grade of senior airman (E-4) at  the  time  of  discharge.   He
received an RE Code of 4H, which defined means "Received or undergoing
punishment (suspended or unsuspended) pursuant to Article 15, UCMJ."
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends the application be denial.  DPPAE states that
the applicant received the proper RE code upon his separation.  The HQ
AFPC/DPPAE evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  21
Feb 03 for review and response.  As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice.  Although the  RE  code  of  4H  accurately
reflects the circumstances at the time of his separation,  we  believe
the applicant’s misconduct was  due  to  his  personal  and  financial
difficulties at that  time.   Based  on  the  evidence  submitted,  it
appears that the applicant has matured and resolved  his  difficulties
since his separation and that he would like an opportunity  to  enlist
in the Air National Guard (ANG).  In view of the above and  since  his
prior service is characterized as honorable, we believe he  should  be
afforded another opportunity to serve and therefore recommend that his
RE code of 4H be changed to 3K, a code which can be waived  for  prior
service enlistment consideration by the ANG.  RE code 3K  is  reserved
for use by the Air Force Board  for  Correction  of  Military  Records
(AFBCMR).  We therefore  conclude  that  the  applicant’s  records  be
corrected s indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be  corrected  to  show  that  his  Reenlistment
Eligibility (RE)  code,  issued  in  conjunction  with  his  honorable
discharge on 30 November 1995, is “3K.”
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 29 Apr 03, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gregory A. Parker, Member
              Mr. James W. Russell III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:
The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2002-04112.


   Exhibit A.  DD Form 149, dated 23 Dec 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 10 Feb 03.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Feb 03.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2002-04112




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the  recommendation  of  the  Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat  116),  it  is
directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to APPLICANT be corrected to show that his Reenlistment
Eligibility (RE)  code,  issued  in  conjunction  with  his  honorable
discharge on 30 November 1995, is “3K.”




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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