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AF | BCMR | CY2004 | BC-2004-02719
Original file (BC-2004-02719.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02719
            INDEX NUMBER:  100.06, 110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, reflect a  more  appropriate  Reenlistment  Eligibility  (RE)
code.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code is unjust because he wasn’t made aware of the  code  or
its meaning.

Applicant’s complete submission,  which  includes  a  copy  of  his
DD Form 214, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in Regular Air Force on 12 Feb 97,  as  an  E-1,
for a period of four years.  His  highest  grade  held  was  senior
airman.

The applicant received three Enlisted  Performance  Reports  (EPRs)
with overall ratings of (oldest to latest): 3, 4, and 2 (referral).

On 11 Jul 00, the applicant received  an  Article  15  for  driving
under the influence of alcohol while on base.  Punishment consisted
of a reduction to the grade of airman first  class,  forfeiture  of
$500.00 pay (suspended until 10 Jan 01), and 30  days  correctional
custody effective 13 Jul 00.  He did not appeal the punishment.

Applicant was honorably discharged on 11 Feb 01, in  the  grade  of
airman first class, under the provisions of AFI 36-3208, by  reason
of completion of required active service.  He was issued an RE Code
of 4E, “Grade is airman first class or below and  airman  completed
31 or more months (55 months for 6-year enlistees), if a first term
airman; or, grade is airman first class or below and the airman  is
a second-term or career airman.”  He served four  years  of  active
military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPAE  recommended  denial  and  states,  in  part,  after
reviewing  the  documents  submitted  by  the  applicant  and   his
personnel record, there was nothing to support the course of action
requested by the applicant.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 Oct 04, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response within 30 days.  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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.   At  the  time  a
member is separated from the Air Force, they are  furnished  an  RE
Code  predicated  upon  the  quality  of  their  service  and   the
circumstances of their separation.  After careful consideration  of
the evidence provided, we are not persuaded that  the  assigned  RE
code is in error or unjust or that an upgrade of  the  RE  code  is
warranted.  Applicant’s RE code of  4E  can  be  waived  for  prior
service enlistment  consideration,  provided  he  meets  all  other
requirements for enlistment and  depending  on  the  needs  of  the
particular service.  Therefore, we find  no  basis  upon  which  to
recommend favorable action on this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially add to  our  understanding  of  the  issue(s)  involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 Docket Number BC-2004-
02719  in  Executive  Session  on  17  November  2004,  under   the
provisions of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. Albert C. Ellett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Aug 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 4 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair

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