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
AF | BCMR | CY2004 | BC-2005-00316
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00316 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 29 JUL 06 _________________________________________________________________ APPLICANT REQUESTS THAT: The reenlistment eligibility (RE) code reflected on his DD Form 214 be changed from “4H” to “1J.” _________________________________________________________________ APPLICANT CONTENDS...
AF | BCMR | CY2005 | BC-2004-02063
_________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: By letter, dated 5 Jul 05, the applicant provided documentation regarding verification of his possible entitlements due to the loss of his AFROTC Scholarship, which is attached at Exhibit L. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFOATS/JA indicated that according to the Base Educators Guide, dated 1 Mar 00, to be...
AF | BCMR | CY2006 | BC-2005-02705
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02705 INDEX CODE: 100.06 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 10 Jun 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 4H (Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ)) be changed so that he may enlist in the Air...
AF | BCMR | CY2005 | BC-2005-01110
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01110 INDEX CODE: 100.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 3 Oct 06 ___________________________________________________________________ APPLICANT REQUESTS THAT: It appears the applicant is requesting his records be corrected to reflect that he was released from active duty rather than discharged and that his reenlistment eligibility...
AF | BCMR | CY2006 | BC-2006-01336
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01336 INDEX CODE: COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 6 Nov 07 _________________________________________________________________ APPLICANT REQUESTS THAT: The recoupment action of the Selective Reenlistment Bonus (SRB) be terminated. _________________________________________________________________ The following members of the Board considered this...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02083 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 4H be changed to 1J, which defined means “Eligible to reenlist, but elects separation.” RE Code 4H is defined as “Serving suspended punishment pursuant to Article 15, Uniform Code of Military...
AF | BCMR | CY2007 | BC-2007-00369
As of this date, this office has received no response. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2004-03392
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004- 03392 INDEX CODE: 100.06, 110.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 6 MAY 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of 3K be changed to a more favorable 1-series RE code. To date, they have not received any additional documentation or had any contact...
AF | BCMR | CY2005 | BC-2004-03778
In accordance with the Date of Separation (DOS) Rollback Program, the applicant was honorably discharged on 27 July 2004, under the provisions of AFI 36-3208 (Completion of Required Active Service). _________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPRS recommends the application be denied and states, in part, that since the applicant was discharged under the DOS Rollback Program and was serving on the Control Roster, his separation code of JBK...
AF | BCMR | CY2005 | BC-2005-01637
They conducted a review of the personnel record and found nothing to support the change requested. A complete copy of the evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 24 Jun 05 for review and comment within 30 days. ___________________________________________________________________ The following members of the Board...