RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00158
		INDEX CODE: 131.00, 100.06
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  15 Jul 06

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APPLICANT REQUESTS THAT:

His rank of senior airman (SRA) be restored and his reenlistment eligibility (RE) code be changed so he may reenlist.

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APPLICANT CONTENDS THAT:

Since the events of 9/11, he has an overwhelming desire to serve his country.  He admits to making a few ill-advised choices that seemed to snowball towards the end of his enlistment. He took responsibility for those choices, accepted the punishment and completed all penalties.  He has since obtained a degree, married and has two children.  

The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 20 Feb 87 for a period of four years.  During the period in question, he was assigned to the 6917 Electronic Security Group (ESG) at San Vito Dei Normanni AS, Italy, as communications maintenance specialist. 

A profile of his performance reports follows:

	PERIOD ENDING	OVERALL EVALUTATION

			19 Feb 88	9 (Old System)
			19 Feb 89	9
			 1 Nov 89	4 (New System)
			 1 Nov 90	3
			 1 Nov 91	2 (Referral--see below)

On 10 Apr 90, the applicant was involved in a motor vehicle accident off base and the passenger, an airman first class (A1C), sustained injuries to his head and both hands.  A Blood Alcohol Test (BAT) revealed the applicant was intoxicated.  On 11 Apr 90, he was advised his driving privileges were suspended until he had satisfactorily completed drug/alcohol counseling. 

On 16 Apr 90, the commander imposed nonjudicial punishment on the applicant in the form of reduction from SRA to A1C, forfeiture of $50.00 pay per month for two months, and five days of extra duty for driving while intoxicated and injuring the A1C on 10 Apr 90.  The applicant made a personal appearance and submitted a written presentation.  On 26 Apr 90, the commander reduced the forfeiture to $50.00 pay for one month. The applicant did not appeal the punishment.  The Article 15 was filed in the applicant’s Unfavorable Information File (UIF).

On 16 Jul 91, the applicant’s driving privileges were reinstated.  He had completed the Alcohol Awareness Program and 12 months of probation.

On 16 Oct 91, the applicant received a Letter of Reprimand (LOR) for failing to perform standby duty for the Secure Communications Workcenter on 1-2 Oct 91.  The commander also advised he intended to recommend the applicant’s promotion to SRA be withheld.  The applicant provided a rebuttal to the LOR with regard to the withheld promotion to SRA.

On 2 Nov 91, the Enlisted Performance Report (EPR) for the period 2 Nov 90 through 1 Nov 91, was referred to the applicant.  The report indicated he failed to meet minimum standards and his supervision/leadership skills were ineffective.  The overall rating was 2 (not recommended for promotion at this time).  The rater added the applicant lacked commitment, dedication, and initiative.  The applicant did not provide comments, and the indorser concurred with the rater.

On 22 Nov 91, the squadron section commander notified the applicant he would not be recommended for promotion to SRA, for failing to perform standby duty on 1-2 Oct 91.  The applicant acknowledged receipt.

On 19 Feb 92, after five years of active service, the applicant was honorably discharged in the grade of A1C for completion of extended term of service [his enlistment had been extended for the convenience of the government in support of Operation Desert Shield/Storm].  He was given an RE code of 2H (participating in, or failed to complete, the Substance Abuse Reorientation and Treatment (SART) program).  However, on 16 May 05, HQ AFPC/DPPAE advised the applicant that his 2H RE code was erroneous and had been administratively changed to 4E (grade is airman, airman basic, or A1C and the member has completed more than 31 months of service) - See Exhibit C.  [Note:  The 4E RE code is a waiverable 
code; i.e., if a member has an in-demand skill and is otherwise eligible, the Reserves may waive the immediate reenlistment impediment and accept him.]

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AIR FORCE EVALUATION:

HQ AFPC/DPPPWB cites the disciplinary actions taken against the applicant, including the nonrecommendation for promotion, finds no error or injustice regarding his reduction, and recommends his request for reinstatement to SRA be denied.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 27 May 05 for review and comment within 30 days.  As of this date, this office has received no response.

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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 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. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded his SRA rank should be restored or his RE code should be changed to allow immediate reenlistment.  With regard to his grade, we note the applicant was reduced, on 16 Apr 90, by Article 15 from SRA to A1C for drunk driving.  His subsequent promotion to SRA was withheld following a 16 Oct 91 LOR for dereliction of duty.  He was further nonrecommended for promotion through a 1 Nov 91 referral EPR and a 22 Nov 91 letter from his squadron section commander.  The applicant has not established that the actions taken against him were unwarranted or not based on his own misconduct.  Further, 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.  On 16 May 05, the applicant’s initial erroneous RE code was administratively corrected from 2H to 4E.  We would remind the applicant that the 4E RE code is waiverable, that is, if he has an in-demand skill and is otherwise eligible, the Reserves may waive the immediate reenlistment impediment and accept him.  We suggest the applicant apply for a waiver; however, whether or not he is successful will depend on the needs of the service, and the Board’s suggestion in no way guarantees that he will be allowed to reenter the armed services.  In conclusion, the applicant has not provided documentation to support further correction to his RE code or reinstatement of his SRA grade.  Therefore, we find no basis upon which to recommend favorable action on 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 this application in Executive Session on 14 July 2005 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence relating to AFBCMR Docket Number BC-2005-00158 was considered:

   Exhibit A.  DD Form 149, dated 5 Jan 05, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 16 May 05.
   Exhibit D.  Letter, HQ AFPC/DPPPWB, dated 28 Mar 05.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Mar 05.

                                   
                                   Panel Chair