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AF | BCMR | CY2007 | BC-2007-01255
Original file (BC-2007-01255.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01255
            INDEX CODE:  100.03

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  26 OCT 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4E (Grade is A1C or below
and the airman completed 31 or more months (55 months for  six-year
enlistees), if a first-term airman; or, grade is A1C or  below  and
the airman is a second term or career airman) be changed to a  code
that will enable him to enlist in the US Coast Guard Reserve.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His reentry code is unjust.  He received  non-judicial  punishment;
however, his misconduct happened in a period of six months  out  of
six years of honorable service with no incidents  before  or  after
that period.  He is now a Virginia State Trooper, a family man  and
wishes to serve his country in the  US  Coast  Guard  Reserve.   He
feels the mistakes of his youth are  preventing  him  from  further
offering himself to his country.

Applicant complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  9  Jun  99  for  a
period of six years in the grade of airman basic (E-1/AB).

On 30 Jun 02, applicant was punished under  Article  15,  UMCJ  for
failure  to  obey  a  lawful  general   order;   specifically,   by
introducing  and  displaying  pornographic  and  sexually  explicit
images.  He received a reduction to the  grade  of  A1C,  suspended
until 29 Apr 03 and forfeiture  of  $100  pay  per  month  for  two
months.  On 7 May 03, he was again punished under Article 15,  UCMJ
for dereliction of duty;  specifically,  for  failing  to  use  his
government computer and electronic mail  system  for  official  and
authorized use only.  He was reduced to the grade of  A1C,  with  a
new date of rank of 7 May 03, forfeiture of $200 pay per month  for
two months.

On 8 Jun 05, applicant was  honorably  released  from  active  duty
under the provisions of AFI 36-3208  by  reason  of  Completion  of
Required Active Service; and issued an  RE  code  of  4E.   He  was
credited with six years of active duty service, including  1  year,
6 months, and 1 day of foreign service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed this  application  and  recommended  denial,
stating in part, based on a review of applicant’s personnel record,
there was no evidence to support the  applicant’s  request.   As  a
result of the applicant’s actions, he was reduced to  the  rank  of
A1C.  At the time of his release, he held the grade  of  A1C  after
serving 55 months or more.

HQ AFPC/DPPAE’s complete 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 11 May 07 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.  However, the Board  found  that  at  the  time  members  are
separated from the  Air  Force,  they  are  furnished  an  RE  code
predicated upon the quality of their service and  circumstances  of
their separation.  Applicant’s RE code of  4E  accurately  reflects
that at the time of his separation he was an A1C with 55 months  or
more  of  service.   Therefore,   we   believe   that   given   the
circumstances surrounding the applicant’s separation, the  RE  code
issued  was  in  accordance  with   the   governing   instructions.
Accordingly, we find no compelling basis to recommend granting  the
relief sought in this application.

4.  We note that RE code 4E is a code that can be waived for  prior
service enlistment  consideration,  provided  applicant  meets  all
other requirements for enlistment under an existing  prior  service
program.  Therefore, we suggest  that  the  applicant  contact  his
local recruiter regarding  his  possible  re-affiliation  with  the
military.

___________________________________________________________________

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-2007-01255 in Executive Session  on  26  July  2007,  under  the
provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Josephine L. Davis, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Apr 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 2 May 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 May 07.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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