Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2007-02950
Original file (BC-2007-02950.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02950
            INDEX CODE:  110.02

            COUNSEL: NOT INDICATED


            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be  changed  to  allow  him  to
reenlist into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served his time honorably without any  nonjudicial  punishment  and
needs his RE code changed to reenter the Air Force.

In support of the appeal, the applicant submits a copy of DD Form 214,
Certificate of Release or Discharge from Active Duty, and AF Form 100,
Request and Authorization for Separation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
26 Nov 97, for a term of  four  years.   On  5  May  03,  he  received
nonjudicial punishment (NJP) under Article 15, of the  Uniformed  Code
of Military Justice punishment  for  failure  to  use  his  government
travel card for official travel only, dereliction  of  duty,  and  for
failure to medicate a military working dog.  His punishment  consisted
of reduction to the grade of airman first class, with a  new  date  of
rank of 12 May 03, 14 days extra duty, and a reprimand.

On 24 Oct 03, he was released  from  active  duty  with  an  honorable
character of service.  He received an RE code of 4E “Grade  is  airman
first class or below and the 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.”  He served 5  years,  10  months  and  29 days  total  active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states,  no  issue  of  error  or
injustice  warranting  the  requested  relief  is  presented  as   the
applicant held the grade of airman first class or below at the time of
his discharge.

The DPSOA evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 Nov 07, for review and comment within 30 days.  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 not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of  an  error  or  injustice  to  warrant  changing  the
applicant’s reenlistment eligibility (RE) code.  We took notice of the
applicant’s complete submission in judging the  merits  of  the  case,
however; we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Therefore, in the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

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 Docket  Number  BC-2007-
02950 in Executive Session on 17 Jan 08, under the provisions  of  AFI
36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Anthony P. Reardon, Member
                 Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, 10 Sep 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Memo, AFPC/DPSOA, dated 30 Oct 07.
      Exhibit D. Letter, SAF/MRBR, dated 16 Nov 07.



      MICHAEL K. GALLOGLY
      Panel Chair

Similar Decisions

  • AF | BCMR | CY2008 | BC-2007-03120

    Original file (BC-2007-03120.doc) Auto-classification: Denied

    She provided no facts warranting changing the narrative reason for separation to “fulfillment of service” or a change to her RE code. Therefore, her uncharacterized character of service is correct and in accordance with DoD and Air Force instructions. The DPSOA evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 26...

  • AF | BCMR | CY2008 | BC-2007-02961

    Original file (BC-2007-02961.DOC) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: After completing the Return to Duty Program (RTDP) and being accepted back into the Air Force, he is now being denied the opportunity to reenlist, which he believes is unjust. _________________________________________________________________ STATEMENT OF FACTS: Applicant’s available military personnel records indicate he enlisted in the Regular Air Force on 4 Dec 01 in the grade of airman basic. A...

  • AF | BCMR | CY2004 | BC-2003-00951

    Original file (BC-2003-00951.DOC) Auto-classification: Approved

    On 7 Oct 76 he enlisted in the Regular Air Force in the grade of E-1. The applicant enlisted in the Regular Air Force on 7 Oct 76 in the grade of airman (E-1). His enlistment grade was determined based on the fact that his Marine Corps discharge documents reflect that he was separated in the grade of E-1.

  • AF | BCMR | CY2007 | BC-2006-03835

    Original file (BC-2006-03835.DOC) Auto-classification: Denied

    The preponderance of evidence of the record shows that the applicant’s medical condition was not completely considered at the time of administrative discharge. That said, they found absolutely no link between the member’s misconduct and his diagnosed asthma and opines that if the case had been processed as a dual action, the Personnel Council would have directed administrative discharge IAW with AFI 36-3208. Additionally, we took note of the SAFPC determination that had the applicant’s...

  • AF | BCMR | CY2007 | BC-2007-02166

    Original file (BC-2007-02166.doc) Auto-classification: Approved

    On 26 Jul 06, HQ Air Force Personnel Center (AFPC) announced implementation of the FY07 NCORP and identified over 3000 NCOs, by order of vulnerability susceptible to retraining. All NCOs identified as vulnerable were given until 15 Jan 07 to submit their initial request, followed by a suspense of 28 Feb 07 to submit a completed application. _________________________________________________________________ APPLICANT'S REVIEW OF AIR STAFF EVALUATION: The applicant states she is deployed in...

  • AF | BCMR | CY2008 | BC-2007-03744

    Original file (BC-2007-03744.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03744 INDEX CODE: 108.00 XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code “3E” (second-term or career airman who refused to get retainability for training or retraining or declined to attend PME), be changed to allow him to continue his career in...

  • AF | BCMR | CY2005 | BC-2005-01578

    Original file (BC-2005-01578.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01578 INDEX NUMBER: 110.02 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 10 Nov 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed from “4H,” “Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ) to “1J,”...

  • AF | BCMR | CY2005 | BC-2005-00632

    Original file (BC-2005-00632.DOC) Auto-classification: Denied

    ___________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Regular Air Force on 24 Jul 81, for a period of six years in the grade of airman basic. Applicant was discharged on 29 Nov 83, in the grade of airman basic, under the provisions of AFR 39-10, Misconduct-Pattern Discreditable Involvement with Military or Civil Authorities, and received an under honorable conditions (general) discharge. We find no evidence of error in this case...

  • AF | BCMR | CY2010 | BC-2009-00628

    Original file (BC-2009-00628.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00628 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. The applicant appealed to the Air Force Discharge Review Board (AFDRB), requesting his general discharge be upgraded and his RE code be changed. _________________________________________________________________ THE BOARD DETERMINES THAT: The...

  • AF | BCMR | CY2005 | BC-2005-02909

    Original file (BC-2005-02909.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 02909 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 MARCH 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) Code be changed from “3A” to a “1” to allow reentry into the active duty military. Based on the documentation on file in the master personnel...