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AF | BCMR | CY2005 | BC-2005-00937
Original file (BC-2005-00937.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00937
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 AUG 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires to reenlist  in  the  service.   He  indicates  he  is  a  senior
business student at  the  University  of  Phoenix;  he  has  never  been  in
trouble, and states he is an upstanding citizen.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 17 December 1992, the applicant enlisted in the Regular Air Force in  the
grade of airman basic.

On 27 May 1998, the applicant was notified  of  his  commander’s  intent  to
impose nonjudicial punishment upon him for the  following:  he  did,  at  or
near Misawa Air Base, Japan, on or about  15 November  1997  through  on  or
about 30 January 1998,  wrongfully  use  anabolic  steroid  -  Schedule  III
controlled substances.

After consulting with counsel, the applicant waived his right to a trial  by
court-martial, submitted a  written  presentation  in  his  own  behalf  and
requested a personal appearance.

On 2 June 1998, the applicant was found guilty by his commander who  imposed
the following punishment: reduction to the grade of airman first class  from
senior airman, with a new date of rank of 2 June 1998 and 45 days  of  extra
duty.  The execution of the  punishment  which  provided  for  reduction  in
grade was suspended until December 1998, after which  time,  it  would  have
been remitted without further action, unless sooner vacated.

The applicant did not appeal the punishment.  The Article 15  was  filed  in
his Unfavorable Information File (UIF).

On 16 November 1998, the applicant was honorably discharged in the grade  of
airman first class under  the  provisions  of  AFI  36-3208  (Completion  of
Required Active Service).  He served 5 years and 11 months of  total  active
duty service.  He received an RE code of 4H - serving  suspended  punishment
pursuant to Article 15, Uniform Code of Military Justice (UCMJ).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial indicating they  conducted  a  review  of  the
applicant’s personnel record and there is  nothing  to  support  the  change
requested.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He desires to enlist in the  Air  Force  Reserves  or  National  Guard.   He
understands that he made a mistake and there is no excuse; however, he  asks
the Board for forgiveness and consideration to reenlist.   He  is  a  senior
business student at Charleston Southern  University  and  works  as  a  unit
coordinator at Roper Hospital in Charleston,  South  Carolina.   He  further
indicates he is a very positive influence in his  community  and  desires  a
second chance.

Applicant’s response is at Exhibit E.

_________________________________________________________________

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 an error or an injustice.   After  reviewing  the  evidence  of
record and the applicant’s submission, it is  our  opinion  that  given  the
circumstances surrounding his separation from the Air  Force,  the  RE  code
assigned was proper and in compliance with the appropriate directives.   The
applicant has not provided any evidence  which  would  lead  us  to  believe
otherwise.  The applicant’s contentions are duly noted;  however,  we  agree
with the Air Force office of primary responsibility and adopt  its  rational
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  Therefore, in the  absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or injustice; the application was  denied  without
a personal appearance; and 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-
00937 in Executive Session on 26 July 2005, under the provisions of AFI  36-
2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Janet I. Hassan, Member
            Ms. Marcia Jane Bachman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 March 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 1 June 2005.
   Exhibit D.  Letter, SAF/MRBR, dated 10 June 2005.
   Exhibit E.  Letter, Applicant, dated 14 June 2005.




                                MICHAEL J. NOVEL
                                Panel Chair

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