RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02083
		INDEX CODE:  100.03

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4H be changed to 1J, which defined means “Eligible to reenlist, but elects separation.”

RE Code 4H is defined as “Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ).”
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APPLICANT CONTENDS THAT:

At the time of his separation, his RE code should not have been a 4H because he was on a suspended Article 15, with an expiration date of 6 Jul 00.

In support of his request, applicant submits a copy of his Article 15 (Exhibit A).
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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 13 Jan 93 and was progressively promoted to the grade of senior airman (E-4), with an effective date and date of rank of 13 Jan 96.  He reenlisted on 8 Jul 96 in the grade of E-4 for a period of 4 years.

On 27 Apr 00, applicant was notified of his commander's intent to impose nonjudicial punishment (Article 15) for writing a bad check on or about 6 Mar 00, in violation of Article 123a, UCMJ.  The applicant consulted a lawyer, waived his right to demand trial by court-martial and accepted nonjudicial punishment.  After considering all matters presented to him, the commander, on 2 May 00, found that the applicant did commit one or more of the offenses alleged.  The commander imposed punishment consisting of a reduction to the grade of airman first class (E-3), suspended until 6 Jul 00, after which time it would be remitted without further action, unless sooner vacated, and 30 days of extra duty.  Applicant did not appeal the punishment.

On 7 Jul 00, under the provisions of AFI 36-3208 (completion of required active service), the applicant was released from active duty and transferred to the Air Force Reserve.  He had completed a total of 7 years, 5 months and 25 days of active service and was serving in the grade of senior airman (E-4) at the time of his separation.  He received an RE Code of 4H.
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AIR FORCE EVALUATION:

The Skills Management Branch, HQ AFPC/DPPAE, stated that, based on the applicant’s suspension of 6 Jul 00 and his separation date of 7 Jul 00, his RE code should not have been a 4H for that one day.  However, DPPAE has no way of knowing what his RE code should be since the applicant’s commander would have had to initiate an AF Form 418, Selective Reenlistment Consideration, either denying or recommending him for reenlistment.  DPPAE recommended changing the applicant’s RE code to 3K, which is defined as “Reserved for use by HQ AFPC or the Air Force Board for Correction of Military Records (AFBCMR) when no other reenlistment eligibility code applies or is appropriate.”  A complete copy of this evaluation is appended 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 21 Sep 01 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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 injustice.  After reviewing the evidence of record, we are persuaded that some relief is warranted.  In this respect, we are in agreement with the opinion and recommendation of the appropriate Air Force office, HQ AFPC/DPPAE, that, since the suspension of the applicant’s reduction in grade was remitted the day before he separated, his RE code should not have been a 4H for that one day.  However, we are not inclined to change the RE code to “1J” as the applicant has requested.  Inasmuch as the applicant was not considered for the Selective Reenlistment Program (SRP), we recommend that the RE code 4H be changed to 3K.  In our view, this is the proper and fitting relief in this case.  We therefore conclude that the applicant’s records should be corrected as indicated below.
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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 reenlistment eligibility (RE) code, issued in conjunction with his release from active duty on 7 July 2000, was “3K.”
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The following members of the Board considered this application in Executive Session on 31 October 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
              Member

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

   Exhibit A.  DD Form 149, dated 13 Jul 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 12 Sep 01.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Sep 01.

                                   

AFBCMR 01-02083

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 APPLICANT be corrected to show that his reenlistment eligibility (RE) code, issued in conjunction with his release from active duty on 7 July 2000, was “3K.”