RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02557 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “3K” (Secretarial Authority) be changed to “1J” (Eligible to reenlist, but elects separation). _________________________________________________________________ APPLICANT CONTENDS THAT: His RE code was changed from “4H” (Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ)) to “3K” and now feels it should be changed to allow him to reenter the military. He served over 9 years on active duty and would like to continue as a career airman. He believes that if his punishment was over the day he separated then he should not have a code that prevents him from reenlisting. He meets all requirements for reenlisting and would like his code to be changed to allow him to reenlist. He spoke with the local recruiters who tell him that it will be impossible for him to reenlist with the “3K” RE code. In support of his request, the applicant provides copies of letters from AFPC, a copy of his DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty, and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 30 May 01 and was progressively promoted to the grade of staff sergeant (E-5), having assumed that grade effective and with a date of rank of 1 Sep 08. DD Form 215 reflects his RE code was changed from “4H” to “3K” on 11 Apr 11. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states the applicant was discharged with an honorable character of service. He was not eligible for reenlistment, as he was not determined to be reenlistment eligible or ineligible by his commander as required prior to his separation. A Selective Reenlistment Program (SRP) was not accomplished as required by the governing regulations due to him still having a “4H” RE code at the time of his discharge. Although the applicant asserts the recruiter stated it was impossible for him to reenter the military with the “3K” RE code‘’, each branch of service decides what RE codes they will or will not accept or waive. The “3K” RE code is a waiverable RE code if any component chooses to waive it. The applicant has not provided any evidence of an error or injustice that warrants changing his RE code. The DPSOA complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Sep 11 for review and comment within 30 days. 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 timely filed. 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 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 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 AFBCMR Docket Number BC-2011-02557 in Executive Session on 20 Oct 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Jul 11, w/atchs. Exhibit B. Letter, AFPC/DPSOA, dated 7 Sep 11. Exhibit C. Letter, SAF/MRBR, dated 16 Sep 11. Panel Chair