RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03731
		INDEX CODE:  110.02
		COUNSEL: NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reentry (RE) code be changed to one that would allow him to reenlist into the Air Force.

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APPLICANT CONTENDS THAT:

He received non-judicial punishment (NJP) under Article 15 four months prior to his separation for being late for work.  He does not believe he should be barred from serving his country based on one miscellaneous violation.  He was told that if he extended for two months prior to his separation, he would be able to reenlist.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 24 Feb 04.  

On 29 Aug 07, the applicant was notified by his commander that he was considering NJP under Article 15, Uniform Code of Military Justice (UCMJ).  The bases for his action were that on or about 18 Aug 07, he was derelict in the performance of his duties, in that he negligently failed to timely obtain approval for an extension of his leave; and on 20 Aug 07, without authority, he failed to go at the time prescribed to his appointed place of duty.

The applicant was advised of his rights in this matter and after consulting with counsel, elected to submit statements in his own behalf.  

On 5 Sep 07, he waived his right to a court-martial and accepted NJP proceedings.  On 10 Sep 07, his commander determined he committed one or more of the offenses alleged.  His commander imposed a punishment of a reduction to the grade of airman first class, suspended through 9 Mar 08, after which time it was remitted without further action, and seven days of extra duty.

On 23 Feb 08, he was honorably discharged, under the provisions of AFI 36-3208, (Completion of Required Active Service).

He received an RE code of 4H “Serving suspended punishment pursuant to Article 15, UCMJ.”  He served a total of four years of active service.

His Enlisted Performance Report (EPR) profile follows:

	PERIOD ENDING	EVALUATION OF POTENTIAL

	       23 Oct 05		5
	       23 Oct 06		4
	       23 Oct 07		3 (referral)

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states the RE code of 4H is correct and is the only RE code applicable for members serving a suspended Article 15 punishment.

The AFPC/DPSOA 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 9 Jan 09, 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 an 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or 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 Docket Number BC-2008-03731 in Executive Session on 2 Jun 09, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered under Docket Number BC-2008-03731:

	Exhibit A.	DD Form 149, dated 6 Oct 08.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Memorandum, AFPC/DPSOA, dated 14 Nov 08.
	Exhibit D.	Letter, SAF/MRBR, dated 16 Jan 09.