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AF | BCMR | CY2005 | BC-2005-01184
Original file (BC-2005-01184.doc) Auto-classification: Denied

                       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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