RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02719
		INDEX NUMBER:  100.06, 110.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect a more appropriate Reenlistment Eligibility (RE) code.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code is unjust because he wasn’t made aware of the code or its meaning.

Applicant’s complete submission, which includes a copy of his     DD Form 214, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in Regular Air Force on 12 Feb 97, as an E-1, for a period of four years.  His highest grade held was senior airman.

The applicant received three Enlisted Performance Reports (EPRs) with overall ratings of (oldest to latest): 3, 4, and 2 (referral).

On 11 Jul 00, the applicant received an Article 15 for driving under the influence of alcohol while on base.  Punishment consisted of a reduction to the grade of airman first class, forfeiture of $500.00 pay (suspended until 10 Jan 01), and 30 days correctional custody effective 13 Jul 00.  He did not appeal the punishment.

Applicant was honorably discharged on 11 Feb 01, in the grade of airman first class, under the provisions of AFI 36-3208, by reason of completion of required active service.  He was issued an RE Code of 4E, “Grade is airman first class or below and airman completed 31 or more months (55 months for 6-year enlistees), if a first term airman; or, grade is airman first class or below and the airman is a second-term or career airman.”  He served four years of active military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommended denial and states, in part, after reviewing the documents submitted by the applicant and his personnel record, there was nothing to support the course of action requested by the applicant.  

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 Oct 04, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.  (Exhibit D)

___________________________________________________________________

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.  At the time a member is separated from the Air Force, they are furnished an RE Code predicated upon the quality of their service and the circumstances of their separation.  After careful consideration of the evidence provided, we are not persuaded that the assigned RE code is in error or unjust or that an upgrade of the RE code is warranted.  Applicant’s RE code of 4E can be waived for prior service enlistment consideration, provided he meets all other requirements for enlistment and depending on the needs of the particular service.  Therefore, we find no basis upon which to recommend favorable action on this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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.

___________________________________________________________________

The following members of the Board considered Docket Number BC‑2004-02719 in Executive Session on 17 November 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Aug 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 4 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.