RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03789

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 4D be changed to 1M, 1P, or 1Q.

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THE APPLICANT CONTENDS THAT:

He cannot apply for commissioning with an RE code of 4D.

In support of the appeal, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

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 on 14 October 1988 and was progressively promoted to the grade of senior airman.

On 3 October 1998, he was released from active duty under the provisions of AFI 36-3208 (Reduction in Force(RIF)), and was issued an RE code of 4D (Grade is Senior Airman or Sergeant, completed at least 9 years, Total Active Federal Military Service (TAFMS), but fewer than 16 years TAFMS, and has not been selected for promotion to Staff Sergeant).  He completed 9 years, 11 months, and 20 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied and states, in part, that the applicant was involuntarily discharged under RIF reasons as a result of his failure to obtain the grade of Staff Sergeant.  As such, he was given an RE code of 4D.  (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 21 March 2003 for review and response within 30 days.  However, 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 to warrant upgrading his RE Code.  In this respect, we note that the applicant’s discharge appears to be in compliance with the governing Air Force Instruction in effect at the time of his separation and that he was afforded all the rights to which entitled.  The applicant’s assigned RE code of 4D accurately reflects that at the time of his separation he was serving in the grade of senior airman, he had at least nine years of active military service, and that he had not been selected for promotion to the grade of staff sergeant.  The applicant provides no evidence that his separation was inappropriate or that the assigned RE Code is in error or unjust.  There being insufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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 BC-2002-03789 in Executive Session on 24 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Nov 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 4 Feb 03.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 02.