RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00681
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 AUG 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He received an Article 15 in 1982 for driving while intoxicated, he loss
pay, and denial of reenlistment. This happened over 22 years ago and since
then, he has made great changes in his life. He is dedicated to his
family, job, and military. He currently serves in the Arkansas Army
National Guard and would like to enlist in the Tennessee Air National
Guard.
Applicant’s complete submission, with an attachment, is attached at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 29 December 1977, as an
airman basic (AB) for a period of four years.
On 21 May 1979, the applicant received an Article 15 for possession of
marijuana for which he received a reduction in rank from airman first class
(A1C) to airman (Amn) and forfeiture of $100.00 of pay.
On 4 January 1982, an Air Force Form 418, Selective Reenlistment Program
Consideration was initiated and his commander nonselected him for
reenlistment on 5 January 1982 and on the same day the applicant
acknowledged the nonselection and elected not to appeal action.
On 6 January 1982, the applicant received an Article 15 for operating a
vehicle on base while drunk for which he received a reduction in rank from
senior airman (SrA) to A1C and forfeiture of 100.00 of pay. The execution
of the portion of the punishment which related to the reduction in grade
was suspended until 27 February 1982, unless sooner vacated it will be
remitted without further action.
On 26 February 1982, the applicant was discharged under the provisions of
AFR 39-10, and was issued an honorable discharge with an RE code of “2X”
which denotes the first-term, second-term, or career airman considered but
not selected for reenlistment under the SRP. He served 4, years, 1 month
and 27 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS states no evidence was found in the applicant’s records
indicating he suffered from an error an injustice. It is clear the
applicant’s commander made the final nonselection and denied his
reenlistment based on his earlier behavior problems and recent driving
under the influence incident. Therefore, they recommend the requested
relief 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 22
April 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 not timely filed; however, it is in the interest of
justice to waive the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an probable error or an injustice. While the RE code assigned
to the applicant, at the time, was technically correct and in accordance
with the governing regulation, the Board believes it would be an injustice
for the applicant to continue to suffer its effects. The applicant was
nonselected for reenlistment based his behavior and driving under the
influence. However, based on the documentation provided by the applicant
it appears he has made a successful transition to civilian life. It is
noted that DPPAE recommended not changing the reenlistment code, but the
Board believes that the applicant should be afforded the opportunity to
apply for a waiver to enlist in the Air National Guard. Whether or not he
is successful will depend on the needs of the service and our
recommendation in no way guarantees that he will be allowed to return to
the armed forces. Therefore, we recommend his reenlistment code be changed
to “4E.”
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that at the time of his discharge on 26
February 1982, he was issued a Reenlistment Eligibility Code (RE) of “4E.”
_________________________________________________________________
The following members of the Board considered Docket Number BC-2005-00681
in Executive Session on 8 June 2005, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Dorothy P. Loeb, Member
Mr. Clarence D. Long III, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 15 Apr 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 22 Apr 05.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2005-00681
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that at the time of his
discharge on 26 February 1982, he was issued a Reenlistment Eligibility
Code (RE) of “4E.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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