RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00339 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “4H” which denotes “Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UMCJ)” be changed to allow him to reenlist. _________________________________________________________________ APPLICANT CONTENDS THAT: He performed exceptionally and received recognition from the wing command post. He is not sure if the RE code was given due to a reduction in force or if his Article 15 that had expired was never removed from his records. In support of his request, the applicant provides copies of his AF Form 910, Enlisted Performance Report, and a personal letter. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 22 January 2002. He was progressively promoted to the grade of senior airman, having assumed the grade effective and with a date of rank of 22 January 2005. On 5 April 2005, he received an Article 15 for being absent from his place of duty without authority. His punishment consisted of reduction to the grade of airman first class, suspended through 4 October 2005, and a letter of reprimand. He was honorably discharged on 21 January 2006 and served four years on active duty. AFPC/DPSOA will administratively correct the applicant’s record to “3K” which denotes “Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate” unless otherwise directed by the Board.” On 2 August 2010, the applicant requested his application be closed in order to provide additional information (Exhibit F). _________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial in regards to the Article 15. JAJM states the applicant was not serving on a suspended punishment to the Article 15 on his date of separation of 21 January 2006. His suspended reduction was automatically remitted on 5 October 2005. JAJM recommends the apparent agencies clarify the applicant’s RE code. The complete JAJM evaluation is at Exhibit C. AFPC/DPSOA states the applicant’s RE code will be administratively changed to “3K.” This RE code is the most appropriate code at this time; however, he will still require a waiver to reenter the military. The complete AFPC/DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he closed his request in order to contact the Director of Operations for a letter of reference. However, he was unsuccessful. He agrees with the recommendation of changing his RE code to 3K. The applicant’s complete response is at Exhibit H. _________________________________________________________________ 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 to warrant changing his RE code to allow him to reenlist. We note that DPSOA will administratively correct the applicant’s records to reflect he received a “3K” RE code. 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 the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting his request. _________________________________________________________________ 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 Docket Number BC- 2010-00339 in Executive Session on 8 December 2010, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 21 Apr 10. Exhibit D. Letter, AFPC/DPSOA, dated 16 Jun 10. Exhibit E. Letter, SAF/MRBR, dated 9 Jul 10. Exhibit F. Letter, Applicant, dated 2 Aug 10. Exhibit G. Letter, AFBCMR, dated 30 Aug 10. Exhibit H. Letter, Applicant, undated. Panel Chair