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AF | BCMR | CY2009 | BC-2008-03831
Original file (BC-2008-03831.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03731
            INDEX CODE:  110.02

            COUNSEL: NONE


            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry (RE) code be changed  to  one  that  would  allow  him  to
reenlist into the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received non-judicial punishment (NJP) under Article 15 four months
prior to his separation for being late for work.  He does not  believe
he  should  be  barred  from  serving  his  country   based   on   one
miscellaneous violation.  He was told that  if  he  extended  for  two
months prior to his separation, he would be able to reenlist.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
24 Feb 04.

On 29 Aug 07, the applicant was notified by his commander that he  was
considering NJP under Article 15, Uniform  Code  of  Military  Justice
(UCMJ).  The bases for his action were that on or about 18 Aug 07,  he
was derelict in the performance of his duties, in that he  negligently
failed to timely obtain approval for an extension of his leave; and on
20 Aug 07, without authority, he failed to go at the  time  prescribed
to his appointed place of duty.

The applicant was advised of his  rights  in  this  matter  and  after
consulting with counsel, elected  to  submit  statements  in  his  own
behalf.

On 5 Sep 07, he waived his right to a court-martial and  accepted  NJP
proceedings.  On 10 Sep 07, his commander determined he committed  one
or more of the offenses alleged.  His commander imposed  a  punishment
of a reduction to the grade of airman first class, suspended through 9
Mar 08, after which time it was remitted without further  action,  and
seven days of extra duty.

On 23 Feb 08, he was honorably discharged, under the provisions of AFI
36-3208, (Completion of Required Active Service).

He received an RE code of 4H “Serving suspended punishment pursuant to
Article 15, UCMJ.”  He served a total of four years of active service.

His Enlisted Performance Report (EPR) profile follows:

      PERIOD ENDING    EVALUATION OF POTENTIAL

             23 Oct 05       5
             23 Oct 06       4
             23 Oct 07       3 (referral)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states  the  RE  code  of  4H  is
correct and is the only RE  code  applicable  for  members  serving  a
suspended Article 15 punishment.

The AFPC/DPSOA 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 9
Jan 09, 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 an  error  or  injustice.   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-2008-
03731 in Executive Session on 2 Jun 09, under the provisions of AFI 36-
2603:

                 Mrs. Barbara A. Westgate, Chair
                 Mr. Mark J. Novitski, Member
                 Ms. Debra M. Czajkowski, Member

The following documentary evidence was considered under Docket  Number
BC-2008-03731:

      Exhibit A. DD Form 149, dated 6 Oct 08.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Memorandum, AFPC/DPSOA, dated 14 Nov 08.
      Exhibit D. Letter, SAF/MRBR, dated 16 Jan 09.




      BARBARA A. WESTGATE
      Panel Chair

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