RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01429
		INDEX NUMBER:  110.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from “2C,” “Involuntarily separated with an honorable discharge,” to one in the “1” series to allow his reentry into the Air Force.

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APPLICANT CONTENDS THAT:

The current high year of tenure policy unjustly forces members out of the service solely on the basis of a judged incompatibility of their rank for their time in service and does not allow for assessment of the member’s potential for further service, the training they have already received, and the cost of replacing them.

In support of his appeal, applicant has submitted a copy of his record of performance.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 26 Mar 91 and was promoted up to the grade of staff sergeant (SSgt) (E-5).  A resume of his last ten enlisted performance reports (EPRs) follows:

	  Closeout Date				Overall Rating

	   15 Nov 93					5
	   15 Nov 94					5
	   29 Nov 95					5
	   26 Jun 96					5
	   26 Jun 97					5
	   11 May 98					4
	   11 May 99					4
	   11 May 00					5
	   14 Mar 01					5
	   31 Dec 01					5
	   31 Dec 02					5

On 29 Sep 03, the applicant was tried by special court martial for failing to obey a lawful general instruction by wrongfully engaging in a sexual and personal social relationship with an airman basic, technical training student, while he was a member of the staff.  The applicant pleaded guilty and was sentenced by the court members to a reprimand, reduction to the grade of airman (Amn) (E-2), forfeiture of $500.00 pay per month for 6 months, and confinement for 3 months.  The approved sentence consisted of a reprimand, reduction to airman, forfeiture of $500.00 pay per month for 2 months, and confinement for 2 months.  As a result of his reduction to the grade of airman and having at least 12 years of total active federal military service (TAFMS), the applicant was advised on 22 Dec 03 that he was required to separate from the Air Force no later than 22 Jan 04.  The applicant was honorably discharged from the Air Force on 22 Jan 04, and was issued an RE Code of 2C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  In accordance with AFI 36-3208, Administrative Separation of Airmen, Para 10.4.5, an individual demoted to the grade of airman first class (E-3) or below and having 12 years of service but less than 16 years of service must be separated no later than 120 days after the effective date of the demotion or on his or her date of separation (DOS), whichever is earlier.  Individuals whose DOS will not allow them to remain on active duty up to 120 days after demotion date to allow for appeal processing, separation processing, terminal leave, etc., may extend their enlistment.  If the individual is not appealing the demotion and has no leave to use or is selling back leave, then the individual should be separated within 30 days to allow for separation processing.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant discusses the time line of events related to the discharge action initiated against him.  He states that his administrative discharge board commenced on 22 Dec 03, and that the majority recommendation of the board was to retain him.  However, his Military Personnel Flight notified him the next day after his board that although he was recommended for retention, he would be discharged 120 days from the date of his reduction in grade.  The applicant further indicates that he was not briefed on any avenue of appeal.  The applicant indicates that he disagrees that has provided no facts warranting a change to his RE code.  He states that he has provided approximately 50 pages of documentation relating to his 12 plus years of service.  He believes that it is a shame that after investing untold hundreds of thousands of dollars to bring a person to a certain point in their career, an arbitrary decision would be made that because you are below a certain rank at a certain time in your career, you are of no further use to the service.

The 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the primary basis for our conclusion that the applicant has not been the victim of an error or injustice.  Additionally, we took note of the applicant’s excellent record of performance.  While regrettable that his services will be lost to the Air Force, in our view, his career was brought to an end as a direct result of the misconduct he was punished for.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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-2004-01429 in Executive Session on 3 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Apr 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 28 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.
    Exhibit E.  Letter, Applicant, dated 7 Jun 04.