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AF | BCMR | CY2005 | BC-2005-01578
Original file (BC-2005-01578.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01578
            INDEX NUMBER:  110.02
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  10 Nov 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from “4H,”  “Serving
suspended punishment pursuant to Article 15, Uniform Code of  Military
Justice (UCMJ) to “1J,” “Eligible to reenlist, but elects separation.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received an honorable discharge in Sep 04.  There is nothing on his
DD Form 214, “Certificate of Release or Discharge From  Active  Duty,”
that warrants a “4H” RE code.

In support of his appeal, applicant provides a copy  of  his  DD  Form
214.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 24 Jul  01.   On
29 Jan 04, the applicant’s commander offered the applicant proceedings
under Article 15 for the following alleged violations of Article 92 of
the Uniform Code of Military Justice (UCMJ):

        a.  That the applicant was derelict in the performance of  his
duties in that he willfully failed to refrain from drinking  alcoholic
beverages while under the age of 21, as it was his duty to do.

        b.  That the applicant was derelict in the performance of  his
duties in  that  he  willfully  failed  to  provide  a  valid  vehicle
registration for his privately owned vehicle, as it was  his  duty  to
do.

        c.  That the applicant was derelict in the performance of  his
duties in that he negligently failed to have his driver’s license with
him while operating a motor vehicle, as it was his duty to do.

The applicant accepted  proceedings  under  Article  15,  consulted  a
lawyer, requested a personal appearance, and submitted written matters
in his behalf.  On 5 Feb 04, his commander determined he had committed
the  offenses.   He  imposed  punishment  consisting  of  a  suspended
reduction to the grade of airman, forfeiture of $668.00 pay per  month
for two months with that  portion  of  the  forfeiture  in  excess  of
$100.00 pay per month for two months suspended, and a reprimand.   The
applicant did not appeal.

A resume of the applicant’s Enlisted Performance Reports follows:

      Closeout Date                     Overall Rating

        23 Mar 03                            3
       *18 Feb 04                            2

* Referral report.

The applicant was discharged on 15 Sep 04 with an honorable  discharge
based on completion of required service.  He received an  RE  code  of
“4H.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of the applicant’s appeal  based  on  his
Article 15 offenses.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 Jun 05 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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 error or injustice regarding the applicant’s request
to change his RE code to “1J.”  We took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we
agree with the opinion and recommendation of the Air Force office  of
primary responsibility and adopt its rationale as the  primary  basis
for our conclusion that the applicant has not been the victim  of  an
error or injustice.  While we do not  find  a  basis  to  change  the
applicant’s RE code to “1J,”  we  note  that  the  “4H”  RE  code  is
incorrect since the applicant had completed  serving  his  punishment
under Article 15 before his discharge.  AFPC/DPPAE has  advised  that
they will administratively correct the applicant’s RE code  to  “4E,”
“First term airman whose grade is airman first class or below and has
completed 31 or more months of service.”  Therefore, 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 Docket Number  BC-2005-
01578 in Executive Session on 21 July 2005, under the  provisions  of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Albert C. Ellett, Member
      Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAE, dated 6 Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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