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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