RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04610 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of “3K” “Reserved for Use by AFPC or AFBCMR” be changed to “1J” Eligible to Reenlist – Elected Separation or Discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: He wishes to return to military service as a medical officer after he receives his Bachelor’s Degree in Nursing. He was punished with an Article 15 for an alcohol related problem. The punishment was remitted by his commander due to good conduct, outstanding work habits and continuing education. The RE code in the personnel database should have changed from “4H” Undergoing Punishment Pursuant to Article 15, UCMJ, to “1J” to reflect that he was eligible to reenlist but elected to separate. His separation date was 22 July 2009 and there was not enough time, between the date of the remitted punishment and his separation date, for his records to be updated across the military databases. In support of his request, the applicant provides a previous DD Form 149, Application for Correction of Military Record, dated 1 August 2009, with attachments, copies of documents extracted from his military personnel record (MPR), and his college transcripts. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 22 February 2005, for a period of four years. On 20 February 2009, the applicant received an Article 15 for violation of Article 92, Dereliction of Duty. His punishment consisted of 14 days of extra duty, $433.00 forfeiture of pay, and reduction in grade to the rank of Airman First Class (A1C), E-3, suspended through 21 July 2009, after which time it would be remitted without further action, unless sooner vacated. His commander remitted the punishment on 21 May 2009. He was released from active duty and transferred to the Air Force Reserve on 21 July 2009, with an honorable characterization of service and was credited with serving 4 years and 5 months of active duty. The applicant previously submitted a DD Form 149 dated 1 August 2009, requesting his RE code be changed from “4H” to “1J”. In an undated letter, AFPC/DPSOY advised the applicant they had partially corrected his record to change his RE code from “4H” to “3K.” The appropriate office generated a new DD Form 214 reflecting his RE code as “3K.” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states AFI 36-2606, Reenlistments in the United States Air Force, states commanders have selective reenlistment selection or non-selection authority. The Selective Reenlistment Program (SRP) considers the members Enlisted Performance Report (EPR) rating, Unfavorable Information File (UIF) from any substantiated source, and the airman’s ability (or lack of) to meet required training and duty performance levels. Each branch of service decides what RE Codes they will or will not accept or waive and the RE Code “3K” is a waiverable code if any component chooses to waive it. The applicant did not provide any evidence of an error or injustice that would warrant changing his RE code to “1J.” The RE code “3K” is the most appropriate code in this situation. The complete DPSOA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He agrees with the AFPC/DPSOA rationale but disagrees with the conclusion. The sole reason his punishment was remitted was because he requested his superiors do so to enable him to return for future service with the Air Force. The reviewing officer of his case should contact the people involved to get their statement because he does not have the ability or resources to contact them himself. The applicant’s complete response, with attachments, is at Exhibit E. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting a change in the applicant’s Reentry Code. After reviewing the applicant’s submission, we believe he has provided sufficient evidence to establish reasonable doubt as to the propriety of his RE code. In this respect, we note that he has provided copies of the supplemental Article 15 action indicating the punishment was remitted on 21 May 2009 and a Virtual Military Personnel Flight (vMPF) document reflecting his RE Code as “1J” on the day prior to his separation. AFPC/DPSOA states they are unable to determine when the applicant was selected for reenlistment as indicated on the vMPF document, since it is not uncommon for a base level personnel office to not make timely updates in the personnel system. However, since the punishment was remitted on 21 May 2009 and noting his otherwise excellent record of performance, we believe a preponderance of the evidence suggests that he was selected for reenlistment prior to his separation. Further, the applicant has expressed a desire to return to military service as a medical officer. In view of the totality of the evidence before us, we believe justice can best be served by resolving any doubt in the applicant’s behalf. Therefore, we recommend the applicant's records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was discharged on 21 July 2009, with a Reentry Code of "1J," rather than "3K." ________________________________________________________________ The following members of the Board considered this application BC-2011-04610 in Executive Session on 17 July 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 November 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 22 December 2011. Exhibit D. Letter, SAF/MRBR, dated 6 January 2012. Exhibit E. Letter, Applicant, dated 16 January 2012, w/atchs. Panel Chair