RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02803
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her reenlistment code (RE) be changed so she may enlist and her rank on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect SrA (E-4) or at the minimum, A1C (E-3).

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APPLICANT CONTENDS THAT:

Before her discharge, she was to be promoted to SrA (E-4) but it never happened.  She was to be given the rank of E-4 but after repeated requests and being told it would be taken care of, it slipped through the cracks.  Her RE code should be changed because her discharge was honorable and her service commitment was completed.  She was not aware that her RE Code of “4I” would stop her from reenlisting.  Her evaluations will demonstrate that she was a dedicated soldier and a very big part of her unit.

In support of her request, she submits a copy of her letter to Congressman Davis requesting assistance with her RE code change, copies of her AF Form 910, Enlisted Performance Reports, and copies of her performance evaluations.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15 December 1994.  She was progressively promoted to the grade of airman (E‑3) effective 15 April 1996.  She was demoted to the grade of airman (E-2) on 28 July 1997.  She was honorably discharged on 14 December 1998 for completion of required active service. She had served 4 years on active duty. An RE-4I (Serving on the Control Roster) was assigned.  Her awards include the Air Force Outstanding Unit with One Oak Leaf Cluster, Air Force Good Conduct Medal, Humanitarian Service Medal, Air Force Training Ribbon and the Air Force Longevity Service Award.

The following is a resume of the applicant’s EPR ratings.

	Period Ending		Promotion Recommendation

	14 Aug 96			4
	14 Aug 97*			2
	14 Aug 98			4

* Denotes referral EPR

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends the application be denied.  DPPPWB states the applicant was ineligible for promotion because she received a referral EPR closing 14 August 1997 and as evidenced by the RE Code 4I, the applicant was placed on the Control Roster, which is an automatic ineligible for promotion condition.  DPPPWB also states that the record reflects the applicant has an Unfavorable Information File.  DPPPWB’s review of the applicant’s record and her promotion situation revealed that there is no basis for promotion to the grade higher than airman (E-2).  The DPPPWB evaluation, with attachment, is at Exhibit C.

AFPC/DPPAE recommends the application be denied.  DPPAE states that the applicant’s records revealed that she received an Article 15, non-judicial punishment for financial irresponsibility and was reduced to the rank of E-2, which put the applicant on the control roster.  DPPAE states that they could not find the actual documentation for the Article 15 in her records; however, the EPR she received with a closeout date of 14 August 1997 states that she received one.  DPPAE states that the RE code the applicant received at the time of separation is correct.  DPPAE states that although she received an honorable characterization of service, it doesn’t negate her reenlistment eligibility at the time of her separation.  The DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 12 April 2002 for review and response.  As of this date, this office has received no response.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action.  After reviewing the applicant’s submission, we believe that reasonable doubt exists as to the propriety of her RE code.  This RE code indicates she was serving on the Control Roster.  While it is true that her performance report for the period ending 14 August 1997 contained derogatory ratings and comments concerning her receipt of an Article 15 punishment for financial irresponsibility, in our view, this fact does not provide an appropriate basis to warrant the assignment of an RE‑4I at the time of her separation.  Our finding in this matter is based on the fact that the applicant was separated on 14 December 1998 and, in her EPR for the period ending 14 August 1998, it was noted that she had overcome her financial difficulties and had shown great improvement and potential.  According to AFI 36-2907, an individual’s name may not be retained on the control roster for more than 6 consecutive months.  We believe it is safe to assume that the Article 15 punishment was imposed on the applicant on the date the record shows she was reduced in grade ‑‑ 28 July 1997.  It would appear that more than 6 months had elapsed from the date of the control roster action and her discharge date.  Therefore, in the absence of any other derogatory material in her records, doubt has been created as to the propriety of the applicant’s RE code.  In order to rectify any potential injustice, we believe any doubt in this matter should be resolved in the applicant’s favor and conclude that her RE code be changed to RE-3K, a waiverable code reserved for use by this Board.

4.  We also considered the applicant’s request for promotion to E-4 and are persuaded that some promotion relief is warranted in this case.  We note that, but for the referral EPR, the applicant again became eligible for promotion to the grade of airman first class on 28 May 1998.  We cannot second-guess the reasons that she was not again promoted to that grade prior to her separation more than sixteen months after the closeout date of the referral EPR and four months after she received her final performance report, and can detect no error in their failure to do so in the evidence before us.  However, in view of the exceptionally laudatory comments of her rater and indorser on her last performance report, it is our opinion that, as a matter of clemency, she should receive retroactive promotion to the grade of airman first class effective the date of her discharge.  We do not believe that further relief in the form of promotion to senior airman would not be appropriate since it would appear that the applicant could not have been considered for promotion to that grade prior to her separation.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

		a. She was promoted to the grade of airman first class (E-3) with a date of rank (DOR) and effective date of 14 December 1998.  
		b. At the time of her discharge on 14 December 1998, she was issued a Reenlistment Eligibility (RE) code of “3K,” rather than “4I.”
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The following members of the Board considered this application in Executive Session on 25 July 2002, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

The following documentary evidence for AFBCMR Docket Number 01‑02803 was considered:

     Exhibit A.  DD Form 149, dated 17 September 2001, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPWB, dated 2 April 2001.
     Exhibit D.  Letter, AFPC/DPPAE, dated 26 March 2001.
     Exhibit E.  Letter, SAF/MRBR, dated 12 April 2002.

                                  

AFBCMR 01-02803

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  be corrected to show that:

		a. She was promoted to the grade of airman first class (E-3) with a date of rank (DOR) and effective date of 14 December 1998.

		b. At the time of her discharge on 14 December 1998, she was issued a Reenlistment Eligibility (RE) code of “3K,” rather than “4I.”