RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2004-02533
			INDEX CODE:  110.00
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.
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APPLICANT CONTENDS THAT:

He would like to enlist in the Air Force Reserves.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 20 February 2001.  While serving in the grade of airman basic, he was tried before a general court-martial at Lackland AFB, Texas, on 19 December 2001.  He pled guilty to three specifications of assault on two airmen in violation of Article 28 of the Uniform Code of Military Justice (UCMJ).  His plea of guilty was found to be voluntary and of his own freewill.  He was also charged with one specification of insubordinate conduct toward a noncommissioned officer in violation of Article 91, of which he was found not guilty.  A third charge of willfully disobeying a superior commissioned officer in violation of Article 90 was withdrawn after arraignment.  He was sentenced to a bad conduct discharge from the Air Force and confinement for 142 days.  His sentence was approved on 25 February 2002 by the convening authority, except for the bad conduct discharge.  The term of confinement had been served.  On 26 September 2003, the United States Air Force Court of Criminal Appeals approved the findings and sentence as correct in law and fact, and no error prejudicial to the substantial rights of the applicant occurred.  On 15 October 2003, the convening authority approved his bad conduct discharge.  He was credited with 2 years, 7 months and 26 days of active military service.  He was assigned RE code 2M, which denotes "Serving a sentence or suspended sentence of court-martial; or separated while serving a sentence of suspended sentence of court-martial."

In a unrelated application, the applicant requested his bad conduct discharge be upgraded to general (under honorable conditions).  His request was considered and denied on 12 Apr 04.  A copy of the Record of Proceedings is at Exhibit C.

Applicant provided several additional letters to the Board in which he requested reconsideration of his previous request for upgrade of his discharge and he expressed his anxiety towards his request for RE code change.  He was provided a letter denying his request for reconsideration of his discharge upgrade; therefore, the only issue that requires consideration is his RE code change.  His additional letters are appended at Exhibit A.

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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 that would warrant a change to the applicant's RE code.  We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence, which would show that the RE code assigned was in error and after a thorough review of the evidence of record, we do not believe he has been the victim of an injustice.  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 AFBCMR Docket Number BC-2004-02533 in Executive Session on 28 Sep 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Aug 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Record of Proceedings, dated 12 Apr 04, w/Exhibits.