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AF | BCMR | CY2006 | BC-2006-00579
Original file (BC-2006-00579.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00579
            INDEX CODE:  100.03, 100.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  29 August 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4E  and  separation  program
designator (SPD) be changed so he can reenter the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received an Article 15 that required that he maintain status  on  a
control roster for six  months,  starting  11  Feb  02.   He  did  his
separation paperwork on 20 Jul 02, one month shy of  the  six  months;
therefore, he received a RE code  of  4E,  even  though  his  military
separation date with the United States Air Force  was  5 Sep  02.   He
also received a reduction in grade from E-4 to E-3 (new date  of  rank
11 Feb 02).

The applicant does not submit any  documentation  in  support  of  the
appeal.

Applicant's submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 May 98.  He  received
nonjudicial punishment in Feb 02 for failing  to  obey  two  different
officers’ orders and was reduced to the rank of  airman  first  class.
According  to  the  Military  Personnel  Data  System  (MilPDS),   the
applicant was scheduled to separate on his normal Date  of  Separation
(DOS) of 5 May 02.  His DOS of 5 May 02  was  cancelled  due  to  Stop
Loss.  On 11 Jul 02, applicant was advised he was released  from  Stop
Loss and he requested to be separated effective 5 Sep 02.  An AF  Form
100, Request and Authorization for Separation, was issued  discharging
him effective 5 Sep 02.  He served  four  years  and  four  months  on
active duty.  He was assigned RE code “4E”  which  denotes  “Grade  is
airman first class or below and airman completed 31 or more months (55
months for 6-year enlistees), if a first-term  airman;  or,  grade  is
airman first class or below and the airman is a second-term or  career
airman.”  He was assigned SPD code of “KBK” which denotes  “Completion
of required active service.”

On 27 Mar 06, a letter was provided to the applicant to clarify the RE
code on his DD Form 214 and to ensure he understands  the  purpose  of
this entry in his record and  the  consideration  that  must  be  made
before his RE code is changed.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPRS  recommends  denial.   DPPRS  states  the  discharge   was
consistent with the procedural and  substantive  requirements  of  the
discharge regulation and was within the discretion  of  the  discharge
authority.  The applicant did not submit any evidence or identify  any
errors in his discharge processing.  He provided no facts warranting a
change to his RE or SPD codes.

The DPPRS evaluation, with attachments, is at Exhibit C.

AFPC/JA recommends denial.   They  note  a  letter  was  sent  to  the
applicant on 27 Mar 06, informing him that the control roster was  not
the cause of the reentry code and stated that  the  reentry  code  was
correct.  As reflected in the advisory from DPPRS,  the  reentry  code
and separation code are both correct.

The AFPC/JA evaluation is at Exhibit D.

A complete copy of the 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 21  Apr
06 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.   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
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
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 AFBCMR Docket Number BC-
2006-00579 in Executive Session on 25 May 2006, under  the  provisions
of AFI 36-2603:

            Mr. Richard A. Peterson, Panel Chair
            Ms. Jan Mulligan, Member
            Mr. James L. Sommer, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Feb 06.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 31 Mar 06, w/atchs.
      Exhibit D. Letter, AFPC/JA, dated 13 Apr 06.
      Exhibit E. Letter, SAF/MRBR, dated 21 Apr 06.




                             RICHARD A. PETERSON
                             Panel Chair

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