RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-00900
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  29 SEP 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code “4L”  be  changed  to  allow  him  to
reenter the Air Force (AF).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

On 15 October 2003, he was honorably discharged from the Air  Force  Academy
for a pattern of misconduct and given an RE code of “4L”.

He attempted to serve by enrolling in AROTC at Kansas State University.   He
served for a year in the  program  honorably,  and  without  incident.   His
detachment commander recommended he receive his commission.  He submitted  a
waiver for his reentry code and it was denied.

He offer no excuses for his misconduct at  the  academy,  and  believes  his
disenrollment was a just punishment.  However, he believes he should not  be
made to suffer for the rest of his life because of some  poor  decisions  he
made in his youth.  He currently owes the government in excess  of  $166,000
dollars.  He believes since he was honorably  discharged  and  committed  no
violations  of  the  Uniform  Code  of  Military  Justice  (UMCJ),  or   any
violations of the honor code, he should be able to pay  back  what  he  owes
through honorable enlistment in the military.  He wants a chance to do  what
is right and to pay for the mistakes he made.

Applicant’s complete submission, with attachments, is  attached  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The following information was  extracted  from  the  applicant’s  submission
(Exhibit A) and the Air Force evaluation (Exhibits B).

On 1 July 1999, the applicant took the oath of office and  was  admitted  to
the United States Air Force Academy (USAFA).

On 14 November 2002, the applicant was recommended  for  disenrollment  from
the Academy by a Military Review Committee (MRC) for excessive demerits  and
aptitude deficiency.

On 26 January 2003, the applicant submitted a  request  to  pursue  an  ROTC
commission.

On 5 February 2003, the Superintendent of the Academy reviewed the  findings
and recommendation of the MRC and concurred with  their  recommendation  for
disenrollment.  The Superintendent  further  recommended  the  applicant  be
called to active duty for a period of three years.  He further  stated  that
he does not support the applicant’s request for an AFROTC commission.

HQ USAFA/JA informed the applicant that the Superintendent  would  recommend
to the Secretary of the Air Force (SAF) that he be  disenrolled  from  cadet
status, given a general discharge and transferred to  enlisted  active  duty
for a period of three years.

The applicant was placed on involuntary excess leave and  nonconcurred  with
the recommendation of the Superintendent that he be called to active duty.

On  22  September  2003,  the  SAF  directed  the  applicant  reimburse  the
Government for the cost ($122,050) of his Academy education.

On 15 October  2003,  the  applicant  was  honorably  discharged  under  the
provisions of AFI 36-2020 for a pattern of misconduct with  an  RE  code  of
“4L” which denotes “Separated Commissioning Program Eliminee.”

_________________________________________________________________

AIR FORCE EVALUATION:

10 AMDS/CC recommends the requested relief be denied.   10  AMDS/CC  states
per a memorandum from the Under Secretary  of  Defense  dated  18  February
2004, directed Cadets and Midshipmen who eliminate from a  service  academy
must receive an RE code in block 27 of their DD Form 214.   The  Air  Force
Academy (AFA) uses the RE code “4L”, which indicates the servicemember  was
a “Separated Commissioning Program Eliminee.”  In addition, all individuals
disenrolled from a service academy for any reason will have a DD Form  785,
Record of Disenrollment from Officer Candidate – Type Training,  completed.
This form is used by military  services  to  exchange  information  on  the
individuals who were disenrolled from officer candidate  training  with  an
evaluation for consideration for acceptance into future training.

10 AMDS/CC further states the indication that the  applicant  was  received
the RE code “4L” due to his pattern of misconduct is incorrect.  All cadets
disenrolling from Air Force Academy are given this RE code.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  14
April 2006, for review and response.  As of this date, no response has  been
received by this office.

_________________________________________________________________

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.   After  careful  consideration  of  the
circumstances of this case, we are not persuaded that the reenlistment  code
he received upon discharge was in error or unjust.  Applicant’s  contentions
are duly noted; however, we agree with the  opinion  and  recommendation  of
the Air Force and adopt its rationale as the basis for our  conclusion  that
the applicant has not been  the  victim  of  an  error  or  injustice.   The
applicant was disenrolled from the Air Force  Academy  due  to  conduct  and
aptitude deficiency with an RE code of 4L, which indicates he was  separated
due to being eliminated from commissioning program.  The Under Secretary  of
Defense directed that all cadets and midshipmen who are  eliminated  from  a
service academy must receive an RE code.  In accordance  with  AFI  36-2006,
Reenlistment in the United States Air Force,  the  code  “4L”  is  used  for
servicemembers who  were  eliminated  the  academy.   We  further  note  the
applicant’s reenlistment code 4L is a waiverable  code  and  depending  upon
the needs  of  the  service  the  applicant  may  be  allowed  to  reenlist.
Therefore, in view of the above and  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-2006-00900
in Executive Session on 24 May 2006, under the provisions of AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Reginald P. Howard, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Feb 06, w/atchs.
    Exhibit B.  Letter, 10 AMDS/CC, dated 4 Apr 06.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Apr 06.




                                             MICHAEL J. NOVEL
                                             Panel Chair