RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00934
INDEX CODE: 107.00, 110.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 be corrected to reflect:
a. Upgrade of his reenlistment eligibility (RE) code.
b. Award of the Air Force Achievement Medal (AFAM) for
the period 22 June 1990 to 4 September 1993.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant did not provide any statements regarding his RE code.
However, the applicant contends the AFAM was awarded after his DD Form
214 was completed.
Applicant's complete submission, with an attachment, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 5 September
1989, as an airman first class (A1C) for a period of four years.
His DD Form 214 reflects he was awarded the Air Force Good Conduct
Medal (AFGCM), the National Defense Service Medal (NDSM), and the Air
Force Training Ribbon.
The applicant was honorably discharged on 4 September 1993, under the
provisions of AFR 39-10 with an RE code of “4J,” which indicates the
applicant entered into Phase I of the Air Force Weight Management
Program (WMP), or the unit commander has
declared the airman ineligible to reenlist for a period of Phase II or
probation.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAE states upon thoroughly reviewing the applicant’s
records, they find no justification to warrant a change of his RE
code. They further state waivers of RE codes for enlistment are
within the authority of the respective services and approval is based
upon the recruiting requirement and initiatives at the time of an
enlistment inquiry. Further, they informed the applicant the RE code
he received, which began with a “4,” is a waiverable code and if he
wishes to reenter the military, he could apply for a waiver through a
military recruiter.
A complete copy of the Air Force evaluation is attached at Exhibit C.
HQ AFPC/DPPPR states they were unable to verify the applicant’s
entitlement for the AFAM. On 24 April 2004, they requested the
applicant provide a copy of the AFAM special order to verify his
entitlement to the award. The applicant did not respond. DPPPR
further states, without verification of the applicant’s entitlement to
the award, they recommend the requested relief be denied.
A complete copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
9 July 2004, for review and response. As of this date, no response
has been received by this office.
_________________________________________________________________
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 error or injustice. After careful consideration of
the circumstances of this case and the evidence provided by the
applicant, we are not persuaded the reenlistment eligibility code he
received upon separation from active duty is in error or unjust.
Applicant’s contentions are duly noted; however, we agree with the
opinions and recommendations of the Air Force and adopt their
rationale as the basis for our conclusion the applicant has not been
the victim of an error or injustice. The applicant was released from
the Air Force under the provisions of AFI 36-3208 Reduction in Force
with a reenlistment eligibility code of “4J,” which indicates he was
entered into Phase I of the Air Force Weight Management Program, or
the unit commander, has declared the airman ineligible to reenlist for
a period of Phase II or probation. In this respect, we note the
applicant’s reenlistment eligibility code “4J” is a waiverable code
and depending upon the needs of the service the applicant may be
allowed to reenlist. Therefore, this request is moot since the
applicant has not exhausted his administrative remedies.
4. He was requested to provide a copy of the special order awarding
the AFAM; however, he did not respond. The applicant has not provided
persuasive evidence in support of his request establishing his
entitlement to the AFAM. Therefore, in view of the above and in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the decoration sought in this application.
However, should the applicant provide a copy of the special order
awarding the AFAM or the original citation to the AFAM, this Board
would be willing to review the materials for possible reconsideration.
_________________________________________________________________
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 BC-
2004-00934 in Executive Session on 22 September 2004, under the
provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Martha J. Evans, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 30 Jan 96, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE dated 1 Apr 04.
Exhibit D. Letter, HQ AFPC/DPPPR dated 30 Jun 04, w/atch.
Exhibit E. Letter, SAF/MRBR dated 9 Jul 04.
ROBERT S. BOYD
Panel Chair
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