RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02314
								INDEX CODE:  100.06
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 20 January 2009

________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) Code be changed to “3H” or “1H”.  

________________________________________________________________

APPLICANT CONTENDS THAT:

His RE Code of “4H” is preventing him from entering the Coast Guard.

When he left the Air Force in 2004, it was on a voluntary basis, he received an honorable discharge, and he should still be able to join another branch of the service.

In support of his appeal, he has submitted a copy of his DD Form 214.

Applicant’s complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force for four years on 14 October 1999, and extended his enlistment for 20 months in February 2001.  His records indicate that while he was serving in the grade of senior airman (E-4), he was given an Article 15 in April 2004 for, on or about 21 March 2004, physically controlling a passenger vehicle while the alcohol concentration in his breath was 0.08 grams of alcohol per 210 liters of breath or greater as shown by chemical analysis.  His punishment consisted of a reduction to the grade of airman first class (E-3), forfeiture of $792.00 pay per month for two months, suspended through 15 October 2004, and a reprimand. 

At the time of his discharge on 16 December 2004, he was serving in the grade of airman first class (E-3), and had completed 5 years, 2 months, and 3 days of net active service.  He was given a service characterization of honorable, a Narrative Reason for Separation of “Completion of Required Active Service”, and an RE Code of “4H” (Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ)).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of applicant’s request for upgrade of his RE code to “1#” or “3#”.  However, they point out that at the time of his separation, he was no longer serving the suspended portion of his Article 15, and recommend that the Board direct his RE code be changed to a more appropriate 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).

The AFPC/DPPAE evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 31 August 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to grant the applicant partial relief.  After reviewing the evidence of record, it appears that the applicant’s separation was proper and in compliance with the appropriate regulations in effect at the time.  However, the Board notes that the applicant was no longer serving the suspended portion of the non-judicial punishment at the time of his separation.  Given this, the Board feels that a Reentry Code of “4E” more accurately reflects his service, and recommends his records be corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his discharge on 16 December 2004, he was issued a Reentry Code of “4E”.

________________________________________________________________

The following members of the Board considered Docket Number BC-2007-02314 in Executive Session on 17 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jul 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 3 Aug 07, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 07.