RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01184
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 OCTOBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 4H be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was given an Article 15 without the option to reenlist or serve out
the punishment date in full. This is the reason he does not have a
favorable reentry code.
In support of the appeal, applicant submits a copy of the Article 15
and a copy of his DD Form 214.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 9 July 1997. His
highest grade held was staff sergeant. He received five Enlisted
Performance Reports (EPRs) closing 8 March 1999, 8 March 2000,
30 December 2000, 31 May 2002, and 9 May 2003, in which the overall
evaluations were “5,” “5,” “5,” “3,” and “3.”
On 12 February 2003, the applicant’s commander offered the applicant
nonjudicial punishment under Article 15 based on the allegation he
had, between or about 4 February 2003 and on or about 11 February
2003, without authority, failed to go at the time prescribed to his
appointed place of duty. On 18 February 2003, after consulting with
counsel the applicant accepted the nonjudicial punishment, requested a
personal appearance before the commander, and declined to submit
written comments for review. After considering the matters presented
by the applicant, the commander determined he had committed the
alleged offense and imposed punishment on the applicant, consisting of
a reduction to the grade of senior airman, suspended until 18 August
2003, after which time, unless sooner vacated, it would be remitted
without further action. The punishment also provided for forfeiture
of $100.00 pay per month for two months; and 10 days of extra duty.
The applicant was honorably relieved from active duty on 8 June 2003
under the provisions of AFI 36-3208, Completion of Required Active
Service and was assigned to the Obligated Reserve Section, effective 8
January 2004. He had served 5 years, 11 months on active duty. He
was assigned a reenlistment eligibility code of 4H, “Serving suspended
punishment pursuant to Article 15, Uniform Code of Military Justice
(UCMJ).”
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE reviewed the applicant’s personnel record and found there
was nothing to support the course of action requested by the
applicant. Therefore they recommend denial of applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 May 2005, 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.
_________________________________________________________________
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. Evidence has not been presented
that would lead us to believe the applicant’s RE code is erroneous or
unjust. The evidence indicates the applicant was ineligible to
reenlist based on the Article 15 he received. We note the applicant’s
RE code is waiverable for the purposes of reentry in the armed forces.
Whether a request for a waiver to permit his reentry is approved,
however, would be based on the needs of the service to which he
applies. In view of the above and absent evidence by the applicant
showing his RE code assigned at the time of his discharge from the
Regular component is contrary to the provisions of the governing
regulation or unjust, we are not inclined to favorably consider his
request.
_________________________________________________________________
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 this application, AFBCMR
Docket No. BC-2005-01184, in Executive Session on 28 July 2005, under
the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Renee M. Collier, Member
Mr. Terry L. Scott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 18 May 05.
Exhibit D. Letter, SAF/MRBR, dated 27 May 05.
KATHLEEN F. GRAHAM
Panel Chair
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