RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00316
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 JUL 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
The reenlistment eligibility (RE) code reflected on his DD Form 214 be
changed from “4H” to “1J.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was separated for miscellaneous/general reasons which he feels does
not warrant a “4H” RE code. He requests this change be made to allow
him to reenter the military if he chooses to do so.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force (RegAF) on 9 October 1996.
On 10 June 2004, the applicant received an Article 15 for being
derelict in the performance of his duties in that he negligently
failed to safeguard classified material. For the misconduct, his
punishment consisted of reduction to the grade of senior airman,
suspended through 8 December 2004, after which time it would be
remitted without further action, unless sooner vacated, forfeiture of
$500.00 of pay, and a reprimand.
On 17 June 2004, the applicant acknowledged receipt of the punishment
and elected to appeal the nonjudicial punishment. On 22 June 2004,
the commander denied the applicant’s appeal.
On 10 September 2004, the applicant submitted a request for early
separation for miscellaneous reasons. The applicant’s commander
approved the request for early separation on 10 September 2004.
On 10 November 2004, the applicant was honorably discharged from
active duty in the grade of staff sergeant (E-5). The applicant was
separated with an RE code of “4H,” which indicates the servicemember
was serving suspended punishment pursuant to Article 15, Uniform Code
of Military Justice (UCMJ). He served eight years, one month and two
days of active duty service.
Applicant’s EPR profile as a staff sergeant is listed below.
PERIOD ENDING OVERALL EVALUATION
15 Dec 01 5
15 Dec 02 5
15 Dec 03 5
*30 Jun 04 2
*Referral report
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE states the RE code the applicant received is appropriate.
The applicant was discharged and had not completed the obligated time
left on his suspended sentence for the Article 15. Therefore, they
recommend the applicant’s request be denied.
A copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
25 March 2005, 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice. After careful
consideration of the circumstances of this case and the evidence
provided by the applicant, we are not persuaded that the reenlistment
code he received upon separation from active duty is in error or
unjust. Applicant’s contentions are duly noted; however, we agree
with the opinion and recommendation of the Air Force and adopt its
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. The applicant received
nonjudicial punishment for being derelict in the performance of his
duties. He appealed the punishment and his appeal was denied. We
note he requested an early separation and his request was approved.
He was released from the Air Force under the provisions of AFI 36-3208
Miscellaneous/General Reasons with an RE code of 4H which indicates he
was serving a suspended punishment pursuant to an Article 15.
Further, we note the applicant’s reenlistment code is a waiverable
code and depending upon the needs of the service the applicant may be
allowed to reenlist. 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-
2005-00316 in Executive Session on 17 May 2005 under the provisions of
AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. Clarence D. Long III, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jan 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 8 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
LAURENCE M. GRONER
Panel Chair
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