RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03151
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The “4F” reenlistment eligibility (RE) code he received be changed to
allow him to enlist in the Army.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While on active duty he purchased a personal computer with a
government credit card. He was court-martialed and served five months
of confinement and received a bad conduct discharge (BCD). He knows
he was extremely wrong. He is pleading for his RE code to be changed
to give him the opportunity to enlist in the Army.
Applicant's complete submission, with attachment, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force (RegAF) on 24 June 1998
for a period of four years as an airman basic.
General Court-Martial Order No. 9, dated 23 August 2000, indicates
that the applicant was tried and found guilty of stealing a computer,
printer and monitor, valued at $2,432.00, the property of Radio Shack
on or about 27 January 2000. He was sentenced to a bad conduct
discharge, confinement for six months, forfeiture of all pay and
allowances, and reduction in grade to airman basic. The sentence was
adjudged on 28 June 2000. The convening authority approved the
sentence and except for the part of the sentence extending to a BCD,
the sentence was to be executed. General Court-Martial Order No. 3,
dated 17 December 2001, affirmed the sentence and directed the bad
conduct discharge be executed.
The applicant was discharged on 20 May 2002, in the grade of airman
first class with service characterized as bad conduct, in accordance
with General Court-Martial Order No.3. He served a
total of one year, one month and ten days of active service. The
applicant had lost time from 28 June through 27 December 2000. He
received an RE code of “4F” which indicates the applicant had five or
more days of lost time during enlistment.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAE recommends the applicant’s request be denied. They have
reviewed the documents he submitted and his personnel records and find
no evidence to support a change in the applicant’s RE code (Exhibit
C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
November 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 of timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we are not persuaded he should receive an RE code which would
waive his return to military service. At the time servicemembers are
separated from the Air Force, they are furnished an RE code predicated
upon the quality of their service and circumstances of their
separation. After a thorough review of the evidence of record, we
believe that given the circumstances surrounding the applicant’s
separation, the RE code issued may very well be inaccurate considering
his Bad Conduct Discharge. Regardless, in view of the circumstances
of the applicant’s general court-martial and subsequent discharge it
is highly unlikely the applicant would be allowed the opportunity to
reenter any military service. Therefore, in view of the above and 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-
2004-03151 in Executive Session on 16 and 27 December 2004, under the
provisions of AFI 36-2603:
Ms. Rita S. Looney, Panel Chair
Mr. Garry G. Sauner, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Oct 04, w/atch.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 28 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 5 Nov 04.
RITA S. LOONEY
Panel Chair
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