RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02394
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 2 DECEMBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 2X be changed to allow him to
reenter in the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was denied reenlistment due to false allegations. He was unable to
reenlist due to decisions made by his former commander. There was an
ongoing investigation that later revealed his innocence. The investigation
has ended and revealed no evidence to prove any of the allegations were
true. He is now attempting to correct this error and injustice so that he
may have the opportunity to reenter the United States Air Force and serve
his country.
In support of the application, the applicant submits his separation
document, a letter from AFLSA/ADC, copies of support letters (3), and
copies of documentation from his military personnel record.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 June 1997, the applicant enlisted in the Air Force Reserve under the
Delayed Entry/Enlistment Program (DEP) at the age of 19 in the grade of
airman basic (E-1) for a period of eight years. On 13 August 1997, the
applicant was discharged from the Air Force Reserve and accepted for
enlistment in the Regular Air Force in the grade of airman basic for a
period of four years. He was progressively promoted to the grade of senior
airman (E-4) effective and with a date of rank of 13 August 2000.
The applicant received a total of three (3) enlisted performance reports
with overall ratings of 5, 5, and 4, respectively.
On 1 January 2001, the applicant unlawfully entering the unlocked residence
of an Air Force dependent and had sexual relations with the wife of a
fellow airman. On 6 August 2001, he received a Letter of Reprimand (LOR)
for both of these offenses. On 9 August 2001, the applicant was not
selected for reenlistment by his commander on the Selective Reenlistment
Program Consideration form (AF Form 418).
On 20 August 2001, the applicant submitted his rebuttal response to the AF
Form 418. On 30 August 2001, the staff judge advocate performed a legal
review of the reenlistment denial and found the commander’s decision to be
legally sufficient. On 6 September 2001, the wing commander denied the
applicant’s appeal.
The applicant was honorably discharged on 12 September 2001 for completion
of required active service with a reentry code of 2X (first term airman
considered but not selected for reenlistment). He served four years on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial of the applicant’s request. DPPRS stated
that based on the documentation on file in the master personnel records,
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The discharge was within the
discretion of the discharge authority (Exhibit C).
HQ AFPC/DPPPAE recommends denial. DPPPAE notes there was no evidence to
support the applicant’s request.
DPPAE’S evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant for
review and comment on 19 August 2005. As of this date, this office has
received no response (Exhibit E).
_________________________________________________________________
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 an error or injustice warranting changes to the applicant’s
reenlistment code and narrative reason for his separation. Applicant’s
contentions are duly noted; however, we are not persuaded that the
applicant has been the victim of an error or injustice. At the time
members are separated from the Air Force, they are furnished RE and
separation codes predicated upon the quality of their service and
circumstances of their separation. After a thorough review of the evidence
of record, we believe that given the circumstances surrounding the
applicant’s separation, the RE and separation codes issued were in
accordance with the appropriate directives. Absent evidence by the
applicant showing the contrary, we find no basis to favorably consider his
request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 9 March 2006, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Josephine L. Davis, Panel Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2005-02394:
Exhibit A. DD Form 149, dated 25 Jul 05 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 11 Aug 05.
Exhibit D. Letter, HQ AFPC/DPPAE, dated 15 Aug 05.
Exhibit E. Letter, SAF/MRBR, dated 19 Aug 05.
CHARLENE M. BRADLEY
Panel Chair
AF | BCMR | CY2005 | BC-2003-02219
Applicant’s military personnel records reveal that, on 8 March 1997, the applicant was released from active duty and transferred to the Air Force Reserve under the provisions of AFI 36-3208 (completion of active required service). _________________________________________________________________ AIR FORCE EVALUATIONS: HQ AFPC/DPPAOR states the applicant’s service dates and date of rank to the grade of E-4 are correct. As of this date, no response has been received by this office (Exhibit F).
AF | BCMR | CY2004 | BC-2003-02616
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02616 INDEX CODE: 110.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His separation and reenlistment codes be changed to allow him to enlist in the Air National Guard. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS states they believe the...
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...
AF | BCMR | CY2003 | BC-2003-01955
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01955 INDEX CODE: 110.00, 100.03 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 2X be changed to allow eligibility to reenlist in the Air Force. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends...
A letter was submitted requesting a copy of the IG Investigative report pertaining to the applicant and SMSgt F- ---. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Mar 01 for review and response within 30 days. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of her appeal, we do...
AF | BCMR | CY2005 | BC-2006-00561
On 4 Oct 05, the applicant’s commander notified her via an AF Form 286A, “Notification of Nuclear Weapons Personnel Reliability Program Permanent Decertification/Disqualification Action,” he was concurring with the recommendation of the medical authority to permanently decertify her from the PRP. Air Force Form 418, dated 29 Sep 04, which indicates she was selected for reenlistment just 13 months prior to the AF Form 418 dated 28 Oct 05 denying her reenlistment. After reviewing the...
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 | CY2005 | BC-2005-00345
Exhibit C. Letter, HQ AFPC/DPPAE, dated 1 Mar 05. Exhibit D. Letter, SAF/MRBR dated 18 Mar 05. RICHARD A. PETERSON Panel Chair AFBCMR BC-2005-00345 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to , be corrected to...
However, if the decision is to grant the relief sought, applicant’s record should be corrected to reflect an RE code of 3K, “Reserved for use by HQ AFPC or the Air Force Board for Correction of Military Records (AFBCMR) when no other reenlistment eligibility code applies or is appropriate.” A complete copy of the Air Force evaluation is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 January 2001 a...
AF | BCMR | CY2004 | BC-2004-02091
On 24 Jun 04, the applicant was honorably discharged under the provisions of AFI 36-3208 (Completion of Required Active Service), and furnished an RE code of 2X (First-term, second term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)). ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPAE recommends the application be denied and states, in part, after a review of his military...