RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-04112
		INDEX CODE:  110.00, 100.03

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4H be changed to allow eligibility to enlist in the Air National Guard.
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APPLICANT CONTENDS THAT:

His career was ended prematurely due to the actions of his ex-wife and her dependents.

In support of his request, applicant submits a personal letter, character references, copies of his DD Form 214, divorce decree, court summons, and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 7 Mar 89.  He was progressively promoted to the grade of senior airman (E-4), with an effective date and date of rank of 7 Sep 91.  The following is a resume of his EPR ratings subsequent to his promotion to that grade (oldest to most recent):  3 (consider for promotion), 4 (ready for promotion), 4 and 3.

On 17 May 95, the applicant was nonrecommended for reenlistment and, on 24 May 95, the unit commander concurred with the recommendation and the applicant was not selected for reenlistment.  The applicant acknowledged receipt of the nonselection for reenlistment and indicated his intent to appeal the decision.  As of 14 Jun 95, the applicant’s appeal was not received.

On 16 Aug 95, applicant was notified of his commander's intent to impose nonjudicial punishment on him under Article 15, UCMJ, for failure to go at the time prescribed, in violation of Article 86, UCMJ.  The applicant consulted a lawyer, waived his right to demand trial by court-martial and accepted nonjudicial punishment.  After considering all matters presented to him, the commander found that the applicant did commit one or more of the offenses alleged.  The commander imposed punishment of a suspended reduction to the grade of airman first class (E-3) until 29 Nov 95 and 45 days of extra duty.  Applicant did not appeal the punishment.

On 30 Nov 95, the applicant was honorably discharged under the provisions of AFI 36-3208 (completion of required active service).  He had completed a total of 6 years, 8 months and 23 days and was serving in the grade of senior airman (E-4) at the time of discharge.  He received an RE Code of 4H, which defined means "Received or undergoing punishment (suspended or unsuspended) pursuant to Article 15, UCMJ."
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AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends the application be denial.  DPPAE states that the applicant received the proper RE code upon his separation.  The HQ AFPC/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 applicant on 21 Feb 03 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  Although the RE code of 4H accurately reflects the circumstances at the time of his separation, we believe the applicant’s misconduct was due to his personal and financial difficulties at that time.  Based on the evidence submitted, it appears that the applicant has matured and resolved his difficulties since his separation and that he would like an opportunity to enlist in the Air National Guard (ANG).  In view of the above and since his prior service is characterized as honorable, we believe he should be afforded another opportunity to serve and therefore recommend that his RE code of 4H be changed to 3K, a code which can be waived for prior service enlistment consideration by the ANG.  RE code 3K is reserved for use by the Air Force Board for Correction of Military Records (AFBCMR).  We therefore conclude that the applicant’s records be corrected s indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his Reenlistment Eligibility (RE) code, issued in conjunction with his honorable discharge on 30 November 1995, is “3K.”
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The following members of the Board considered this application in Executive Session on 29 Apr 03, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2002-04112.

   Exhibit A.  DD Form 149, dated 23 Dec 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 10 Feb 03.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Feb 03.

AFBCMR BC-2002-04112

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his Reenlistment Eligibility (RE) code, issued in conjunction with his honorable discharge on 30 November 1995, is “3K.”