RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03219
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 3 Apr 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry code be changed from 4L to a code that would allow him to
continue his career in the US Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to continue his career in the Air Force, which would require
an eligible reentry/reenlistment code. While he was disenrolled from the
U.S. Air Force Academy, he does not feel that his prior character of
service warrants the termination of his military career.
In support of his request, applicant provided a DD Form 149,
DD Form 214, DD Form 785, DD Form 2366, and personnel data information.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Mar 06, the applicant was ordered to active duty to serve out a two-
year active duty service commitment (ADSC) associated with disenrollment
from the USAF Academy. The applicant entered the USAF Academy on 27 Jun
02. On 5 Dec 05, the applicant was disenrolled from the USAF Academy and
honorably discharged for violating the Cadet Wing Honor Code by cheating on
a Geography 310 Lab. The applicant turned in as his own work a
substantially similar version of the Geography assignment from a fellow
cadet. Prior to this incident, the applicant was on the Dean’s honor list
and Athletics honor list. The applicant was transferred to the AF Reserves
in an enlisted status contingent upon his acceptance and completion of an
AFROTC Program. On or about
30 Jan 06, the applicant was denied admittance by HQ ROTC and is now
serving out his two-year ADSC on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ USAFA/DPQ does not make a clear cut recommendation in this case.
However, they note that the applicant’s contention he was given a “4L”
reenlistment (RE) code due to his pattern of misconduct is incorrect. DPQ
points out that all cadets disenrolled from the Academy are given a “4L” RE
code. On 18 Feb 04, an Under Secretary of Defense memo directed that
Cadets and Midshipmen who eliminate from a service academy receive an RE
code. Cadets who disenroll from the Air Force Academy for any reason
receive a “4L” RE code, “Separated Commissioning Program Eliminee.”
The complete evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9 Nov
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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Based on information provided by the Air
Force office of primary responsibility, it appears the RE code given the
applicant is correct and that the applicant has not been treated any
differently than any other similarly situated cadet disenrolled from the
Academy. Additionally, the Board also concluded the USAF Academy Cadet
Sanctions Recommendation Panel made a fully qualified decision regarding
the applicant’s USAF Academy Honor Code violations. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application. [Examiner’s
Note: After discussing the applicant’s case with AFPC/DPPAES (Accessions),
we recommend the applicant contact them to obtain guidance related to
possible options regarding the continuation of his Air Force career.]
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel
will materially add to our understanding of the issue involved. Therefore,
the request for a hearing is not favorably considered.
_________________________________________________________________
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-
03219 in Executive Session on 13 Dec 06, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ USAFA/DPQ, dated 19 Oct 06.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 06.
JAMES W. RUSSELL III
Panel Chair
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