RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02874
		INDEX CODE:  100.03, 100.06
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from "4" to "1."

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APPLICANT CONTENDS THAT:

He is applying to become an officer in the --- Air National Guard.  

In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge form Active duty; and documents associated with an --- State Department of Education background investigation. His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 May 96.  He was progressively promoted to the grade of senior airman, having assumed that grade effective and with a date of rank of 29 May 99.

On 8 Dec 97, applicant was notified by his commander of his intent to impose nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ).  The specific reasons for this action was his possession of a firearm in the dormitory, making a false official statement, unlawfully pushing another airman in the chest with his hands, and wrongfully exhibiting a deadly weapon in the dormitory.  Applicant was advised of his rights in this matter, consulted counsel, waived his right to demand trial by court-martial, and submitted an oral and written presentation to his commander.  On 19 Dec 97, his commander determined that he committed one or more of the offense alleged and imposed punishment that consisted of reduction to the grade of airman, suspended until 18 Mar 98.  The applicant elected not to appeal his punishment.  

On 2 Mar 00, applicant was notified by his commander of his intent to impose nonjudicial punishment under Article 15 of the UCMJ.  The specific reasons for this action were for being drunk and disorderly and wrongfully communicating a threat to shoot another individual.  Applicant was advised of his rights in this matter, consulted counsel, waived his right to demand trial by court-martial, and submitted a written presentation to his commander.  On 9 Mar 00, his commander determined that he committed one or more of the offense alleged and imposed punishment that consisted of reduction to the grade of airman first class with a date of rank and effective date of 9 Mar 00, and, reduction to the grade or airman.  That portion of the punishment reducing the applicant to the grade or airman was suspended until 28 May 00.  The applicant appealed the punishment.  His appeal was denied by the appellate authority on 14 Mar 00.

On 28 May 00, the applicant was honorably discharged at the expiration of his term of service.  He served 4 years on active duty and was assigned RE code 4H, which denotes "Serving suspended punishment pursuant to Article 15, Uniformed Code of Military Justice (UCMJ)."

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AIR FORCE EVALUATION:

AFPC/DPPAE reviewed applicant's request and recommends denial.  DPPAE states that the RE code assigned at the time of his discharge was correct and he has not satisfactorily indicated that the RE code was inappropriate or not in compliance with Air Force policy.

The DPPAE evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Sep 02 for review and comment within 30 days.  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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we are not persuaded by the evidence submitted in support of his appeal that a change to his RE code is warranted.  We find no evidence of error in this case and after thoroughly reviewing the evidence of record, we do not believe he has been the victim of an injustice.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered Docket Number 02-02874 in Executive Session on 30 Oct 02, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 20 Aug 02.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 02.