RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01987 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reentry (RE) code of 4H, which denotes “Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ)” be changed. _________________________________________________________________ APPLICANT CONTENDS THAT: Her RE code is incorrect. She had financial problems towards the end of her enlistment. Her supervisor requested to see a copy of her credit report, stating that the first sergeant wanted to review it. She did not feel comfortable with releasing her credit report. Within a few weeks, she was given the option of an early separation from the Air Force or receive a dishonorable discharge. She choose the early separation not knowing she would receive a 4H RE code. In support of her request, the applicant provides a personal statement, copies of character reference letters, her DD Form 214, Certificate of Release or Discharge from Active Duty; DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States; letters recommendation, and extracts from her master personnel record. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 23 August 2000, the applicant enlisted in the Regular Air Force. On 22 June 2004, the applicant was notified by his commander of his intent to impose punishment under Article 15 of the UCMJ. The reason for the action was she failed to obey a lawful order by wrongfully taking leave outside the local area without notifying her supervisor. The applicant acknowledged receipt of the action and waived her right to demand trial by court-martial. On 29 April 2004, the commander found the applicant committed the offense alleged and imposed punishment consisting of a reprimand and a suspended reduction to the grade of airman first class. The applicant elected not to appeal the punishment. On 19 August 2004, the applicant was honorably discharged with a separation code of JBK, which denotes “Air Force Rollback program” and a RE code of 4H. She served 3 years, 11 months and 27 days of total active duty service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states the applicant has not provided any evidence of an error or injustice to warrant the change to her discharge characterization. Based on the documentation in her master personnel records, the discharge to include her characterization of service was consistent with the procedural and substantive requirements of the discharge manual and was within the discretion of the discharge authority. The complete DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA states the applicant’s RE code of 4H is the only description applicable for members serving a suspended Article 15 punishment. The complete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation were forwarded to applicant on 17 December 2010 for review and response. As of this date, no response has been received by this office (Exhibit E). _________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits; 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 AFBCMR Docket Number BC-2010-01987 in Executive Session on 15 February 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 May 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 10 Nov 10. Exhibit D. Letter, AFPC/DPSOA, dated 15 Nov 10 Exhibit E. Letter, SAF/MRBR, dated 17 Dec 10. Panel Chair