RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00158
            INDEX CODE: 131.00, 100.06
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  15 Jul 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His rank of senior airman  (SRA)  be  restored  and  his  reenlistment
eligibility (RE) code be changed so he may reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since the events of 9/11, he has an overwhelming desire to  serve  his
country.  He admits to making a few ill-advised choices that seemed to
snowball towards the end of his enlistment. He took responsibility for
those choices, accepted the punishment and  completed  all  penalties.
He has since obtained a degree, married and has two children.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 20  Feb  87  for  a
period of four years.  During the period in question, he was  assigned
to the 6917 Electronic Security Group (ESG) at San Vito  Dei  Normanni
AS, Italy, as communications maintenance specialist.

A profile of his performance reports follows:

      PERIOD ENDING    OVERALL EVALUTATION

                 19 Feb 88   9 (Old System)
                 19 Feb 89   9
                  1 Nov 89   4 (New System)
                  1 Nov 90   3
                  1 Nov 91   2 (Referral--see below)

On 10 Apr 90, the applicant was involved in a motor  vehicle  accident
off base and the passenger, an airman  first  class  (A1C),  sustained
injuries to his head and both  hands.   A  Blood  Alcohol  Test  (BAT)
revealed the applicant was intoxicated.  On 11 Apr 90, he was  advised
his driving privileges were  suspended  until  he  had  satisfactorily
completed drug/alcohol counseling.

On 16 Apr 90, the commander  imposed  nonjudicial  punishment  on  the
applicant in the form of reduction from  SRA  to  A1C,  forfeiture  of
$50.00 pay per month for two months, and five days of extra  duty  for
driving while intoxicated and injuring the A1C  on  10  Apr  90.   The
applicant  made  a  personal  appearance  and  submitted   a   written
presentation.  On 26 Apr 90, the commander reduced the  forfeiture  to
$50.00 pay for one month. The applicant did not appeal the punishment.
 The Article 15 was filed in the applicant’s  Unfavorable  Information
File (UIF).

On 16 Jul 91, the applicant’s driving privileges were reinstated.   He
had  completed  the  Alcohol  Awareness  Program  and  12  months   of
probation.

On 16 Oct 91, the applicant received a Letter of Reprimand  (LOR)  for
failing  to  perform  standby  duty  for  the  Secure   Communications
Workcenter on 1-2 Oct 91.  The commander also advised he  intended  to
recommend the applicant’s promotion to SRA be withheld.  The applicant
provided a rebuttal to the LOR with regard to the  withheld  promotion
to SRA.

On 2 Nov 91, the Enlisted Performance  Report  (EPR)  for  the  period
2 Nov 90 through 1 Nov 91, was referred to the applicant.  The  report
indicated   he   failed   to   meet   minimum   standards   and    his
supervision/leadership skills were ineffective.   The  overall  rating
was 2 (not recommended for promotion at this time).  The  rater  added
the applicant lacked  commitment,  dedication,  and  initiative.   The
applicant did not provide comments, and the  indorser  concurred  with
the rater.

On 22 Nov 91, the squadron section commander notified the applicant he
would not be recommended for promotion to SRA, for failing to  perform
standby duty on 1-2 Oct 91.  The applicant acknowledged receipt.

On 19 Feb 92, after five years of active service,  the  applicant  was
honorably discharged in the grade of A1C for  completion  of  extended
term of service [his enlistment had been extended for the  convenience
of the government in support of Operation  Desert  Shield/Storm].   He
was given an RE code of 2H (participating in, or failed  to  complete,
the Substance  Abuse  Reorientation  and  Treatment  (SART)  program).
However, on 16 May 05, HQ AFPC/DPPAE advised the applicant that his 2H
RE code was erroneous and had  been  administratively  changed  to  4E
(grade is airman, airman basic, or A1C and the  member  has  completed
more than 31 months of service) - See Exhibit C.  [Note:   The  4E  RE
code is a waiverable
code; i.e., if a member  has  an  in-demand  skill  and  is  otherwise
eligible, the Reserves may waive the immediate reenlistment impediment
and accept him.]

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPWB  cites  the  disciplinary  actions  taken  against  the
applicant, including the nonrecommendation  for  promotion,  finds  no
error or injustice regarding his reduction, and recommends his request
for reinstatement to SRA be denied.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 27 May 05 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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.  After  a  thorough
review of the evidence of record and the  applicant’s  submission,  we
are not persuaded his SRA rank should  be  restored  or  his  RE  code
should be changed to allow immediate reenlistment.  With regard to his
grade, we note the applicant was reduced, on 16 Apr 90, by Article  15
from SRA to A1C for drunk driving.  His subsequent  promotion  to  SRA
was withheld following a 16 Oct 91 LOR for dereliction  of  duty.   He
was further nonrecommended for promotion through a 1 Nov  91  referral
EPR and a 22 Nov 91 letter from his squadron section  commander.   The
applicant has not established that the actions taken against him  were
unwarranted or not based on his own misconduct.  Further, at the  time
members are separated from the Air Force, they  are  furnished  an  RE
code predicated upon the quality of their service and circumstances of
their separation.  On 16 May 05, the applicant’s initial erroneous  RE
code was administratively corrected from 2H to 4E.   We  would  remind
the applicant that the 4E RE code is waiverable, that is, if he has an
in-demand skill and is otherwise eligible, the Reserves may waive  the
immediate reenlistment impediment and  accept  him.   We  suggest  the
applicant apply for a waiver; however, whether or not he is successful
will depend on the needs of the service, and the Board’s suggestion in
no way guarantees that  he  will  be  allowed  to  reenter  the  armed
services.  In conclusion, the applicant has not provided documentation
to support further correction to his RE code or reinstatement  of  his
SRA grade.  Therefore, we  find  no  basis  upon  which  to  recommend
favorable action on 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  this  application  in
Executive Session on 14 July 2005 under the provisions of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Martha A. Maust, Member
                 Ms. Sharon B. Seymour, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-00158 was considered:

   Exhibit A.  DD Form 149, dated 5 Jan 05, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 16 May 05.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 28 Mar 05.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Mar 05.





                                   KATHLEEN F. GRAHAM
                                   Panel Chair