RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2002-02803
		INDEX CODE 100.06
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “4E” (Grade is airman first class (A1C) or below and airman completed 31 or more months, if a first-term airman) be changed to one that will allow enlistment in the Air National Guard (ANG).

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APPLICANT CONTENDS THAT:

Despite taking action to remedy his debts, his first sergeant and commander were unsatisfied with his conduct and presented him with an Article 15, reducing him in rank.  He performed his extra duty and then was made ineligible to reenlist. He did everything his squadron had asked of him, yet it was not good enough. He is sorry for what he did and never intended it to get out of hand.  After his discharge he resolved his debt, recognized his immaturity and learned from his mistake. He believes he has paid his debt. He misses being a crew chief and would like to join the ANG in order to serve his state and country in any way possible. 

The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for a period of four years on 18 Aug 94. He extended his enlistment on 22 Nov 95 for five months to qualify for an overseas assignment. He was ultimately promoted to senior airman (SRA) on 18 Dec 96. The applicant was assigned to the 17th Special Operations Squadron at Kadena AFB, Japan. During the period in question, he was an assistant crew chief with the 353rd Maintenance Squadron, also at Kadena. 

His Enlisted Performance Reports (EPR) reflect the following:

		CLOSING DATE		RATING

		15 Apr 96		  3
		15 Apr 97		  4
		15 Apr 98		  3

The indorser of the 15 Apr 96 EPR commented that the applicant had “experienced some financial difficulties,” which were remedied with counseling.  The rater of the 15 Apr 98 EPR indicated the applicant “displayed poor judgment in financial management” but had changed his attitude and made favorable progress.

On 23 Sep 98, the applicant was notified of his commander's intent to impose nonjudicial punishment upon him for the following: 

		(1)  On 4 Aug 98, with the intent to deceive, he made an official statement to a master sergeant which was known to him to be “totally false,” to wit: “I have been unable to pay my bills because I went TDY and used the money to get ready for it and my dad has been sick and I have rolled up a 1,300 dollar phone bill calling back to check on him, and the phone bill was taken straight out of my check.”

		(2)  Being indebted $222.63 to Rapid Link for telephone calls, which became due and payable on 1 Oct 97 and which he failed to pay on 2 Sep 98.

		(3)  Being indebted $877.30 to American Express, which became due and payable on 25 May 98 and which he failed to pay that date.

On 28 Sep 98, after consulting with counsel, the applicant waived his right to a trial by court-martial, requested a personal appearance and submitted a written presentation. On 5 Oct 98, his commander found him guilty and imposed punishment of reduction to A1C with 30 days of extra duty. Applicant did not appeal the punishment and the Article 15 was filed in his Unfavorable Information File (UIF).

The applicant was honorably discharged for completion of required active service on 17 Jan 99 in the grade of A1C. He had four years and five months of active service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE asserts the RE code is correct and the applicant has not satisfactorily indicated the code was inappropriate or not in compliance with Air Force policy.

A complete copy of the evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 17 Jan 03 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s submission, a majority of the Board is not persuaded that his “4E” RE code should be changed. The applicant’s contentions are duly noted; however, the Board majority does not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. The applicant’s 1996 EPR reveals he had difficulty managing his finances. His 1998 EPR and the Article 15 demonstrate he continued to exercise poor judgment and irresponsibility regarding his debts. We, the Board majority, therefore adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, the majority of the Board concludes this appeal should be denied.  

4.	We would like to point out to the applicant that while the “4” RE code series indicate “Conditions Barring Immediate Reenlistment,” they are “waiverable.” In other words, an RE code from the “4” series does allow him to apply for enlistment and, should he have desirable skills and be otherwise acceptable, the Reserves/Guard may elect to waive his ineligibility and allow him to enlist. However, the applicant should understand that while his “4E” RE code is waiverable, it in no way obligates the Services to accept him for enlistment.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered this application in Executive Session on 3 April 2003 under the provisions of AFI 36-2603:

By a majority vote, the Board recommended denial of the application.  	Mr.  voted to grant, but he does not wish to submit a Minority Report. The following documentary evidence relating to AFBCMR Docket Number BC-2002-02803 was considered:

   Exhibit A.  DD Form 149, dated 14 Jun 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 13 Jan 03.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.

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AFBCMR BC-2002-02803

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD 
                                        FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of  

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.