RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-04028
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from 4E to 1J. 
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APPLICANT CONTENDS THAT:

He was a young man and made a mistake.  He completed the Anger Management and Alcoholics Anonymous course, which he was required to attend.  Aside from this incident his performance evaluations were effective and satisfactory.  He also acquired several service medals during his military career.  Since his separation, he has become a model citizen.  He has not had any incidents with the law or alcoholism.  He hopes to receive a second chance in continuing his military career.  He feels he will be a great asset to his country.  

In support of his appeal, applicant provides a personal statement, a copy of his DD Form 214, page 3 of an AF Form 3070, Record of Nonjudicial Punishment Proceedings and copies of his Enlisted Performance Reports for the period beginning 27 July 1995 and ending 1 February 1999. The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 27 July 1995, the applicant enlisted in the Regular Air Force for a period of 4 years.  During this period of service, he was progressively promoted to senior airman (E-4).  He received a total of three Enlisted Performance Reports (APRs) for the periods ending 27 March 1997, 1 February 1998 and 1 February 1999.  The first two EPR’s had an overall promotion recommendation of “5.”  His last EPR was considered a referral report and received an overall promotion recommendation of “3.” 

On 3 February 1999, nonjudicial punishment was offered to the applicant under Article 15, UCMJ for striking an individual with a beer bottle.  The applicant was advised of his rights in the matter.  After consulting counsel, the applicant waived his right to demand trial by court-martial and accepted the nonjudicial proceedings.  He provided a written presentation and requested a personal appearance before the commander.  On 10 February 1999, after considering the matters presented by the applicant, the commander determined he had committed the offense alleged and imposed punishment on the applicant.  The applicant was reduced to the grade of airman first class (E-3), ordered to forfeit $612 of his pay per month for two months and given 45 days of extra duty.  

On 26 July 1999, the applicant was discharged with an honorable discharge because of expiration of term of service.  He had served 4 years on active duty.  His awards include the Air Force Training Ribbon, Air Force Overseas Long Tour Ribbon, Air Force Outstanding Unit Award with 1 device, Good Conduct Medal, and the National Defense Service Medal. An RE code of 4E (Grade is Airman First Class or below and airman completed 31 or more months, if first term airman; or grade is Airman First Class or below and airman is a second term or career airman) was assigned.

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AIR FORCE EVALUATION:

AFPC/DPPAE states that the RE code of 4E is correct.  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 14 February 2003, 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant a change to his Reenlistment Eligibility (RE) code.  We agree with the opinion of the Air Force office of primary responsibility that the RE code which was assigned at the time of his separation accurately reflects the circumstances of his separation and evidence has not been provided that would lead us to believe otherwise.  Although a “4” series RE code indicates “Conditions Barring Immediate Reenlistment,” these codes, are “waiverable.”  An RE “4” series code will permit him to apply for enlistment and, should he have desirable skills and be otherwise medically qualified, the Air National Guard (ANG) may elect to waive his ineligibility and allow him to enlist.  The applicant should understand that this RE code in no way obligates the ANG or any of the other Services to accept him for enlistment.  In view of the above, we find no basis to recommend granting the relief sought in this application.  

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THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 14 May 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Dec 02 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 10 Feb 03.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 03.