RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02533
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to enlist in the Air Force Reserves. His complete submission
is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 20 February 2001. While
serving in the grade of airman basic, he was tried before a general court-
martial at Lackland AFB, Texas, on 19 December 2001. He pled guilty to
three specifications of assault on two airmen in violation of Article 28 of
the Uniform Code of Military Justice (UCMJ). His plea of guilty was found
to be voluntary and of his own freewill. He was also charged with one
specification of insubordinate conduct toward a noncommissioned officer in
violation of Article 91, of which he was found not guilty. A third charge
of willfully disobeying a superior commissioned officer in violation of
Article 90 was withdrawn after arraignment. He was sentenced to a bad
conduct discharge from the Air Force and confinement for 142 days. His
sentence was approved on 25 February 2002 by the convening authority,
except for the bad conduct discharge. The term of confinement had been
served. On 26 September 2003, the United States Air Force Court of
Criminal Appeals approved the findings and sentence as correct in law and
fact, and no error prejudicial to the substantial rights of the applicant
occurred. On 15 October 2003, the convening authority approved his bad
conduct discharge. He was credited with 2 years, 7 months and 26 days of
active military service. He was assigned RE code 2M, which denotes
"Serving a sentence or suspended sentence of court-martial; or separated
while serving a sentence of suspended sentence of court-martial."
In a unrelated application, the applicant requested his bad conduct
discharge be upgraded to general (under honorable conditions). His request
was considered and denied on 12 Apr 04. A copy of the Record of
Proceedings is at Exhibit C.
Applicant provided several additional letters to the Board in which he
requested reconsideration of his previous request for upgrade of his
discharge and he expressed his anxiety towards his request for RE code
change. He was provided a letter denying his request for reconsideration
of his discharge upgrade; therefore, the only issue that requires
consideration is his RE code change. His additional letters are appended
at Exhibit A.
___________________________________________________________________
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 error or injustice that would warrant a change to the
applicant's RE code. We took notice of the applicant's complete submission
in judging the merits of the case; however, we find no evidence, which
would show that the RE code assigned was in error and after a thorough
review of the evidence of record, we do not believe he has been the victim
of an injustice. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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-
02533 in Executive Session on 28 Sep 04, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Terry L. Scott, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Aug 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Record of Proceedings, dated 12 Apr 04, w/Exhibits.
CHARLENE M. BRADLEY
Panel Chair
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