RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00934
				INDEX CODE:  107.00, 110.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect:

		a.  Upgrade of his reenlistment eligibility (RE) code.

		b.  Award of the Air Force Achievement Medal (AFAM) for the period 22 June 1990 to 4 September 1993.

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APPLICANT CONTENDS THAT:

The applicant did not provide any statements regarding his RE code.  However, the applicant contends the AFAM was awarded after his DD Form 214 was completed.

Applicant's complete submission, with an attachment, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 5 September 1989, as an airman first class (A1C) for a period of four years.

His DD Form 214 reflects he was awarded the Air Force Good Conduct Medal (AFGCM), the National Defense Service Medal (NDSM), and the Air Force Training Ribbon.

The applicant was honorably discharged on 4 September 1993, under the provisions of AFR 39-10 with an RE code of “4J,” which indicates the applicant entered into Phase I of the Air Force Weight Management Program (WMP), or the unit commander has 
declared the airman ineligible to reenlist for a period of Phase II or probation.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE states upon thoroughly reviewing the applicant’s records, they find no justification to warrant a change of his RE code.  They further state waivers of RE codes for enlistment are within the authority of the respective services and approval is based upon the recruiting requirement and initiatives at the time of an enlistment inquiry.  Further, they informed the applicant the RE code he received, which began with a “4,” is a waiverable code and if he wishes to reenter the military, he could apply for a waiver through a military recruiter.

A complete copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPPR states they were unable to verify the applicant’s entitlement for the AFAM.  On 24 April 2004, they requested the applicant provide a copy of the AFAM special order to verify his entitlement to the award.  The applicant did not respond.  DPPPR further states, without verification of the applicant’s entitlement to the award, they recommend the requested relief be denied.

A complete copy of the Air Force evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 9 July 2004, for review and response.  As of this date, no response has been received by this office.

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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 careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded the reenlistment eligibility code he received upon separation from active duty is in error or unjust.  Applicant’s contentions are duly noted; however, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  The applicant was released from the Air Force under the provisions of AFI 36-3208 Reduction in Force with a reenlistment eligibility code of “4J,” which indicates he was entered into Phase I of the Air Force Weight Management Program, or the unit commander, has declared the airman ineligible to reenlist for a period of Phase II or probation.  In this respect, we note the applicant’s reenlistment eligibility code “4J” is a waiverable code and depending upon the needs of the service the applicant may be allowed to reenlist.  Therefore, this request is moot since the applicant has not exhausted his administrative remedies.

4.	He was requested to provide a copy of the special order awarding the AFAM; however, he did not respond.  The applicant has not provided persuasive evidence in support of his request establishing his entitlement to the AFAM.  Therefore, in view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the decoration sought in this application.  However, should the applicant provide a copy of the special order awarding the AFAM or the original citation to the AFAM, this Board would be willing to review the materials for possible reconsideration.

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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 BC-2004-00934 in Executive Session on 22 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Forms 149, dated 30 Jan 96, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPAE dated 1 Apr 04.
	Exhibit D.	Letter, HQ AFPC/DPPPR dated 30 Jun 04, w/atch.
	Exhibit E.	Letter, SAF/MRBR dated 9 Jul 04.