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AF | BCMR | CY2007 | BC-2007-02314
Original file (BC-2007-02314.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02314
                                             INDEX CODE:  100.06
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 20 January 2009


________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) Code be changed to “3H” or “1H”.

________________________________________________________________

APPLICANT CONTENDS THAT:

His RE Code of “4H” is preventing him from entering the Coast Guard.

When he left the Air Force  in  2004,  it  was  on  a  voluntary  basis,  he
received an honorable discharge,  and  he  should  still  be  able  to  join
another branch of the service.

In support of his appeal, he has submitted a copy of his DD Form 214.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force for  four  years  on  14 October
1999, and extended his enlistment for  20  months  in  February  2001.   His
records indicate that while he was serving in the grade of senior airman (E-
4), he was given an Article 15 in April  2004  for,  on  or  about  21 March
2004,  physically  controlling  a  passenger  vehicle  while   the   alcohol
concentration in his breath was 0.08 grams of  alcohol  per  210  liters  of
breath or greater as shown by chemical analysis.  His  punishment  consisted
of a reduction to the grade of  airman  first  class  (E-3),  forfeiture  of
$792.00 pay per month for two months, suspended  through  15  October  2004,
and a reprimand.

At the time of his discharge on 16 December 2004,  he  was  serving  in  the
grade of airman first class (E-3), and had completed 5 years, 2 months,  and
3 days of net active service.  He was given a  service  characterization  of
honorable, a Narrative Reason for  Separation  of  “Completion  of  Required
Active Service”, and an  RE  Code  of  “4H”  (Serving  suspended  punishment
pursuant to Article 15, Uniform Code of Military Justice (UCMJ)).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of applicant’s request for upgrade  of  his  RE
code to “1#” or “3#”.  However, they point out  that  at  the  time  of  his
separation, he was no longer serving the suspended portion  of  his  Article
15, and recommend that the Board direct his RE code be  changed  to  a  more
appropriate code of “4E” (Grade is airman first class or  below  and  airman
completed 31 or more months (55 months for 6-year enlistees),  if  a  first-
term airman; or grade is airman first class or below and  the  airman  is  a
second-term or career airman).

The AFPC/DPPAE evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  31
August 2007, for review and comment, within 30 days.  However,  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice to grant the  applicant  partial  relief.
After reviewing the evidence of record,  it  appears  that  the  applicant’s
separation was proper and in compliance with the appropriate regulations  in
effect at the time.  However, the Board notes  that  the  applicant  was  no
longer serving the suspended portion of the non-judicial punishment  at  the
time of his separation.  Given this, the Board feels that a Reentry Code  of
“4E” more accurately reflects his service, and  recommends  his  records  be
corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS 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  16
December 2004, he was issued a Reentry Code of “4E”.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-02314
in Executive Session on 17 October 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Reginald P. Howard, Member
                       Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jul 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 3 Aug 07, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 07.




                                   MICHAEL J. NOVEL
                                   Panel Chair


AFBCMR BC-2007-02314




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 XXXXXXXXX, be corrected to show that at the time of his
discharge on 16 December 2004, he was issued a Reentry Code of “4E”.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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