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AF | BCMR | CY2004 | BC-2004-02533
Original file (BC-2004-02533.DOC) Auto-classification: Denied

                            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Article 90 was withdrawn after arraignment.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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