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AF | BCMR | CY2007 | BC-2006-02875
Original file (BC-2006-02875.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02875
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  24 March 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to reflect a different reenlistment eligibility  (RE)
code to enable him to join the National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given an RE code of 4E because he  did  not  attain  enough  rank  to
reenlist during his  first  term.   He  wishes  to  enter  the  Arizona  Air
National Guard; however, his RE code is  not  waiverable.   The  trouble  he
encountered while on active duty was due to him being young and  making  bad
choices.  He has learned from those mistakes and has since completed a  year
of schooling, which has completely changed his life.

In support of his application, the applicant provides copies of his DD  Form
214, Certificate of Release or Discharge from  Active  Duty;  DD  Form  293,
Application for the Review of Discharge from the Armed Forces of the  United
States; and three letters of recommendation.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 14 June 2000, the applicant enlisted in the Regular Air Force at the  age
of 18 in the grade of airman basic (E-1) for a period  of  four  years.   He
was progressively  promoted  to  the  grade  of  airman  first  class  (E-3)
effective 14 January 2002 and with a date of rank of 14 October 2001.

On 29 January 2003, the applicant received Article 15 punishment  for  drunk
and disorderly  conduct  and  failure  to  obey  an  order.   The  applicant
received punishment of reduction to the grade of airman, with a new date  of
rank of 29 January 2003; forfeiture of $645 pay per  month  for  two  months
(suspended through 28 June 2005); and 30 days extra duty.

The applicant was promoted to the grade of airman first class  effective  29
November 2003.  On 5 February 2004, he requested and was approved for a  12-
month extension for personal  convenience  which  established  his  date  of
separation as 13 June 2005.

On 13 June 2005, the applicant was honorably discharged  for  completion  of
required active service.  He served five years on active duty.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of the applicant’s request  to  change  his  RE
code of 4E-- “Grade is airman first class or below and airman  completed  36
or more months (55 months for six-year enlistee), if a  first  term  airman;
or, is airman first class or below and  the  airman  is  a  second  term  or
career airman.”  DPPAE states a review of the applicant’s  military  records
revealed that the action(s) which occurred on or about 28 December  2002  is
the reason he was only an airman first class at the time of  his  discharge.
There is no evidence of error or injustice as it relates  to  his  RE  code;
therefore, the RE code of 4E is correct.

The DPPAE evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 November 2006, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment within 30 days (Exhibit  C).   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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  probable  injustice.   After  a  thorough   review   of   the
applicant’s submission and the evidence of  record  we  are  persuaded  that
relief is warranted.  We find no  evidence  to  show  that  the  applicant’s
discharge  was  erroneous  or  unjust;  however,  we  note  the  applicant’s
behavior that led to his Article 15 punishment  seemed  to  be  an  isolated
incident.  We also note the letters of support from his school  leaders  and
subsequent supervisors.  In particular, we note a strong letter  of  support
from his  reporting  official,  following  the  Article  15  incident,  that
indicates the applicant’s difficulties were due to  his  immaturity  at  the
time, along with poor mentorship from  previous  supervisors.   In  view  of
these factors, we are  of  the  opinion  that  the  applicant  has  provided
sufficient evidence to lead us to conclude that in the years  following  his
Article 15 punishment; he has made a successful adjustment to  military  and
civilian life and has the potential to  be  a  valuable  asset  to  the  Air
Force.   Accordingly,  we  recommend  that  his  records  be  corrected   as
indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that at the time of his  discharge  on  13
June 2005, his RE code was 3K.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 January 2007, under the provisions of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Mr. Patrick C. Daugherty, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2006-02875
was considered:

     Exhibit A.  DD Form 149, dated 2 Oct 06, w/atchs.
     Exhibit B.  Letter, AFPC/DPPAE, dated 31 Oct 06, w/atchs.
     Exhibit C.  Letter, SAF/MRBR, dated 17 Nov 06.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair


AFBCMR BC-2006-02875




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 XXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that at the time
of his discharge on 13 June 2005, his reenlistment eligibility (RE) code
was 3K.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


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