RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-00825
		INDEX CODE:  100.03

		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he can enlist in the United States Marine Corps.

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APPLICANT CONTENDS THAT:

Applicant makes no contentions on his application.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) was 12 Apr 94.

Applicant has two Enlisted Performance Reports (EPRs) reflecting a rating of “3” and “4” respectively.

On 17 May 96, applicant was notified of his commander’s intent to impose nonjudicial punishment upon him for operating a vehicle, to wit:  a passenger car, while the alcohol concentration on his breath was 0.10 grams of alcohol per 210 liters of breath or greater, specifically .104 grams of alcohol per 210 liters, as shown by chemical analysis.

On 22 May 96, after consulting with counsel, applicant waived his right to a trial by court-martial, requested a personal appearance and submitted a written presentation.

On 22 May 96, he was found guilty by his commander who imposed the following punishment:  Reduction from the grade of airman first class to the grade of airman, with a new date of rank (DOR) of 22 May 96.

Applicant did not appeal the punishment.  The Article 15 was filed in his Unfavorable Information File (UIF).

On 11 Apr 98, the applicant was discharged from the Air Force under the provisions of AFI 36‑3208 (Completion of Required Active Service) with an honorable characterization of service in the grade of airman first class with an RE Code of 4E (Grade is airman first class or below and airman completed 31 or more months, if a first-term airman).  He was credited with four years of active service.

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AIR FORCE EVALUATION:

The XXXXXX, Skills Management Branch, AFPC/DPPAE, reviewed this application and indicated that a review of applicant’s military record confirms he separated from active duty in the grade of airman first class with over 31 months’ service.  Considering this, DPPAE recommends denial of applicant’s request for change of his RE code.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 24 May 99 for review and response.  As of this date, no response has been received by this office.

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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 probable error or injustice.  After noting that the applicant was issued an honorable discharge, we believe that his RE code should be changed to “3K” in order that  he may apply for enlistment in the Marine Corps.  The applicant should be aware, however, that this recommendation in no way establishes an entitlement to enlist; it only makes him eligible to apply.  Whether or not he is selected for enlistment will be based on the needs of the service to which application is made.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his RE code, issued in conjunction with his honorable discharge on 11 Apr 98, was RE 3K.

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The following members of the Board considered this application in Executive Session on 14 December 1999, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, undated.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 7 May 99.
     Exhibit D.  Letter, AFBCMR, dated 24 May 99.