RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01255
		INDEX CODE:  100.03

	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  26 OCT 2008

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4E (Grade is A1C or below and the airman completed 31 or more months (55 months for six-year enlistees), if a first-term airman; or, grade is A1C or below and the airman is a second term or career airman) be changed to a code that will enable him to enlist in the US Coast Guard Reserve.  

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APPLICANT CONTENDS THAT:

His reentry code is unjust.  He received non-judicial punishment; however, his misconduct happened in a period of six months out of six years of honorable service with no incidents before or after that period.  He is now a Virginia State Trooper, a family man and wishes to serve his country in the US Coast Guard Reserve.  He feels the mistakes of his youth are preventing him from further offering himself to his country.

Applicant complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 Jun 99 for a period of six years in the grade of airman basic (E-1/AB).  

On 30 Jun 02, applicant was punished under Article 15, UMCJ for failure to obey a lawful general order; specifically, by introducing and displaying pornographic and sexually explicit images.  He received a reduction to the grade of A1C, suspended until 29 Apr 03 and forfeiture of $100 pay per month for two months.  On 7 May 03, he was again punished under Article 15, UCMJ for dereliction of duty; specifically, for failing to use his government computer and electronic mail system for official and authorized use only.  He was reduced to the grade of A1C, with a new date of rank of 7 May 03, forfeiture of $200 pay per month for two months.

On 8 Jun 05, applicant was honorably released from active duty under the provisions of AFI 36-3208 by reason of Completion of Required Active Service; and issued an RE code of 4E.  He was credited with six years of active duty service, including 1 year, 6 months, and 1 day of foreign service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed this application and recommended denial, stating in part, based on a review of applicant’s personnel record, there was no evidence to support the applicant’s request.  As a result of the applicant’s actions, he was reduced to the rank of A1C.  At the time of his release, he held the grade of A1C after serving 55 months or more.

HQ AFPC/DPPAE’s complete 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 the applicant on 11 May 07 for review and comment within 30 days.  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 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, the Board found that at the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation.  Applicant’s RE code of 4E accurately reflects that at the time of his separation he was an A1C with 55 months or more of service.  Therefore, we believe that given the circumstances surrounding the applicant’s separation, the RE code issued was in accordance with the governing instructions. Accordingly, we find no compelling basis to recommend granting the relief sought in this application.

4.  We note that RE code 4E is a code that can be waived for prior service enlistment consideration, provided applicant meets all other requirements for enlistment under an existing prior service program.  Therefore, we suggest that the applicant contact his local recruiter regarding his possible re-affiliation with the military.

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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-2007-01255 in Executive Session on 26 July 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Apr 07. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 2 May 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 May 07.

                                   XXXXXXXXXX
                                   Panel Chair