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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