RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01054 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code and separation code be changed to allow him to reenter the military. _________________________________________________________________ APPLICANT CONTENDS THAT: His RE code and separation code precludes him from entering the Reserves. In support of his application, the applicant provides a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 July 1991, the applicant enlisted in the Regular Air Force at the age of 20 in the grade of airman basic (E-1). He was progressively promoted to the grade of senior airman (E-4) effective 18 July 1994. On 1 November 1995, the applicant received Article 15 punishment for stealing two Turkish Robes and one curling iron from Base Billeting, in violation of Article 121 of the Uniform Code of Military Justice (UCMJ); and, wrongfully impeding a Security Police investigation in violation of Article 134, UCMJ. His punishment consisted of reduction in grade to airman first class (E-3), suspended until 30 April 1996; forfeiture of $75 for one month; and seven days extra duty. On 3 November 1995, he was permanently decertified from the Personnel Reliability Program (PRP) based on receipt of the Article 15. On 2 January 1996, he was notified that his Enlisted Performance Report (EPR) for the period 1 August 1995 through 2 November 1995 was being referred. The EPR indicated “Member’s off duty conduct did not meet the standards demanded by the Security Police career field.” On 17 January 1996, the applicant submitted an Air Force Form 31, Airman’s Request for Early Separation – Separation Based on Change in Service Obligation. The request was approved based on the applicant’s removal from his Air Force Specialty Code (AFSC) for cause within his control. His commander indicated that in the interest of Quality Force issues, he did not recommend investing additional Air Force resources in the applicant’s retraining and recommended his separation. The applicant was honorably released from active duty effective 1 April 1996 with a separation code “KND” (Miscellaneous/General Reasons) and an RE code of “4G” (No AFSC skill level commensurate with grade). He served 4 years and 8 months, and 14 days on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denying the applicant’s request to change his RE code. DPSOA states the applicant had his AFSC withdrawn for reasons within his control and was given an AFSC 9A100 (airman awaiting retraining – disqualification for reasons within control), as such, his RE code was changed to “4G” which was the appropriate RE code at the time of discharge in accordance with Air Force Instruction 36-2606, Table 3.4, Item 7, Note 6. There is no evidence of error or injustice in his records; nor, did he provide any evidence to support a change to his RE code. The complete DPSOA evaluation is at Exhibit C. AFPC/DPSOS recommends denying the applicant’s request to change his separation code. DPSOS states that based on documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing; nor, did he provide any facts warranting a change to his separation code. DPSOS indicates the applicant’s separation code of “KND” does not preclude him from reenlistment or reentry into military service. They defer to DPSOA on his RE code of “4G.” The complete DPSOS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 October 2009, for review and comment within 30 days (Exhibit E). As of this date, this office has received no response. _________________________________________________________________ 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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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. _________________________________________________________________ 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 this application in Executive Session on 21 January 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2009-01054: Exhibit A. DD Form 149, dated 18 Apr 09, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 18 May 09. Exhibit D. Letter, AFPC/DPSOS, dated 8 Sep 09. Exhibit E. Letter, SAF/MRBR, dated 26 Jun 09. Panel Chair