RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  02-03426
		INDEX CODE:  112.05
						COUNSEL:  NONE

						HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4E be changed to a code that will enable him to reenlist and that his grade of senior airman (SrA/E-4) be reinstated.  
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APPLICANT CONTENDS THAT:

He is not implying that the code was in error or unjust.  He has been honorably discharged for over 2 years and would like to try a prior service reenlistment.  He received an RE code of 4E because he separated as an airman first class (A1C/E-3) due to losing a stripe for an on-base DUI during the final year of his enlistment.  He doesn’t believe this should keep him from serving again, especially since he can serve in the Reserve.

In support of his appeal, applicant provided several statements and letters of recommendation from former co-workers, first sergeants, and superiors.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 Aug 96 for a period of 4 years.  He was progressively promoted to the grade of senior airman with an effective date and date of rank (DOR) of 28 Aug 99.

A resume of applicant’s airman performance reports (APR) follows:

	      PERIOD CLOSING			OVERALL EVALUATION

			27 Apr 98							5
			01 Apr 99							5
			01 Apr 00							5

On 1 May 00, the commander notified the applicant of his intent to impose nonjudicial punishment (Article 15) for driving under the influence of alcohol.  On 4 May 00, after consulting with counsel, he accepted the Article 15 and presented matters in his own behalf.  On 5 May 00, his commander considered his appeal and determined that he did commit the offense alleged.  He received a reduction in grade to the rank of airman first class with an effective date and date of rank of 5 May 00.

On 27 Aug 00, he was honorably released from active duty and transferred to the inactive Reserve under the provisions of AFI 36-3208 in the grade of airman first class.  He received a reenlistment eligibility code of 4E (grade of airman first class or below and completed 31 or more months, if a first-term airman; or, grade is airman first class or below and the airman is a second-term or career airman).  He was credited with four years of active duty service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommended denial.  They found no justification or evidence that RE code 4E was incorrectly assessed to his record.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant further explained that his complaint or issue was not to claim that his loss of rank was unwarranted, but that he was petitioning to have his re-entry code changed to one that would make him eligible to reenlist into the Air Force.

Applicant’s complete response is at Exhibit E.

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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.  At the time a member is separated from the Air Force, they are furnished an RE Code predicated upon the quality of their service and the circumstances of their separation.  The assigned code reflects the Air Force’s position regarding whether or not, or under what circumstances, the individual should be allowed to reenlist.  The applicant’s assigned RE code of 4E accurately reflects that he was serving in the grade of airman first class at the time of his separation.  After reviewing the documentation submitted in support of applicant’s appeal, we find no evidence to indicate that the assigned RE code is in error or unjust, or that his grade at the time of his separation was in error.  There being insufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.  

4.  We note that RE code 4E is a code that can be waived for prior service enlistment consideration, provided applicant meets all other requirements for enlistment under an existing prior service program.  Therefore, we suggest that the applicant contact his local recruiter concerning his possible re-affiliation with the military.

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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 AFBCMR Docket Number 02-03426 in Executive Session on 18 March 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated Oct 14, 2002, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 18 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.
    Exhibit E.  Letter, Applicant, dated 15 Jan 03.