RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03731
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) code be changed to one that would allow him to
reenlist into the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received non-judicial punishment (NJP) under Article 15 four months
prior to his separation for being late for work. He does not believe
he should be barred from serving his country based on one
miscellaneous violation. He was told that if he extended for two
months prior to his separation, he would be able to reenlist.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
24 Feb 04.
On 29 Aug 07, the applicant was notified by his commander that he was
considering NJP under Article 15, Uniform Code of Military Justice
(UCMJ). The bases for his action were that on or about 18 Aug 07, he
was derelict in the performance of his duties, in that he negligently
failed to timely obtain approval for an extension of his leave; and on
20 Aug 07, without authority, he failed to go at the time prescribed
to his appointed place of duty.
The applicant was advised of his rights in this matter and after
consulting with counsel, elected to submit statements in his own
behalf.
On 5 Sep 07, he waived his right to a court-martial and accepted NJP
proceedings. On 10 Sep 07, his commander determined he committed one
or more of the offenses alleged. His commander imposed a punishment
of a reduction to the grade of airman first class, suspended through 9
Mar 08, after which time it was remitted without further action, and
seven days of extra duty.
On 23 Feb 08, he was honorably discharged, under the provisions of AFI
36-3208, (Completion of Required Active Service).
He received an RE code of 4H “Serving suspended punishment pursuant to
Article 15, UCMJ.” He served a total of four years of active service.
His Enlisted Performance Report (EPR) profile follows:
PERIOD ENDING EVALUATION OF POTENTIAL
23 Oct 05 5
23 Oct 06 4
23 Oct 07 3 (referral)
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the RE code of 4H is
correct and is the only RE code applicable for members serving a
suspended Article 15 punishment.
The AFPC/DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9
Jan 09, for review and comment within 30 days. As of this date, no
response has been received by this office (Exhibit D).
_________________________________________________________________
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 an 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 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 Docket Number BC-2008-
03731 in Executive Session on 2 Jun 09, under the provisions of AFI 36-
2603:
Mrs. Barbara A. Westgate, Chair
Mr. Mark J. Novitski, Member
Ms. Debra M. Czajkowski, Member
The following documentary evidence was considered under Docket Number
BC-2008-03731:
Exhibit A. DD Form 149, dated 6 Oct 08.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 14 Nov 08.
Exhibit D. Letter, SAF/MRBR, dated 16 Jan 09.
BARBARA A. WESTGATE
Panel Chair
AF | BCMR | CY2014 | BC 2014 02287
The records show the applicant submitted a voluntary separation application for a separation of 2 Feb 09 based on pregnancy. The applicant contend she completed her punishment; however, she separated on 2 Feb 09 so she clearly did not complete her suspended punishment. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.
AF | BCMR | CY2009 | BC-2008-01453
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01453 INDEX CODE: 110.02 COUNSEL: NOT INDICATED HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code be changed from 2B “Separated with a general, or under other than honorable conditions (UOTHC) discharge, to 1T “Air National Guard and United States Air Force Reserve airmen serving on voluntary or...
AF | BCMR | CY2010 | BC-2010-00067
While serving in the Air Force he had all but one 5 Enlisted Performance Reports (EPRs). He received $10,314.00 in separation pay and received a 2X RE Code. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation.
AF | BCMR | CY2009 | BC-2008-03785
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03785 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His request for retirement effective 1 Jun 09 be withdrawn, and his promotion sequence number for promotion to the grade of master sergeant be reinstated. ________________________________________________________________ STATEMENT OF...
AF | BCMR | CY2010 | BC-2009-00516
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00516 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code 2C-Involuntarily separated with an honorable discharge; or entry level separation without service characterization be changed to allow him to enlist in the National Guard. The HQ AFPC/DPSOA complete evaluation is at Exhibit...
AF | BCMR | CY2009 | BC-2008-03728
On 2 Sep 08, HQ AFPC/DPSOA notified him that his request to cancel his retraining could not be supported. At that time, he indicated by email he understood he would have to separate on 21 Oct 08, his Date of Separation (DOS), and he would receive an RE code of “3E.” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial, stating, in part, that there is no evidence of an error or an injustice. Further, on 12 Sep 08, he stated in...
AF | BCMR | CY2010 | BC-2010-03281
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03281 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 4H (serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ)) be changed to allow him to join the Air Force Reserves. Because he was serving a suspended punishment that would not have...
AF | BCMR | CY2012 | BC-2012-01323
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends that the Board direct a change in the applicant’s RE code to 3K “Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment code applies or is appropriate.” DPSOA states the applicant received an Article 15 on 23 Dec 04, and was assigned an RE code of 4H based on serving a suspended punishment that expired 22 Jun 05. At the time of his separation he was not eligible to...
AF | BCMR | CY2009 | BC-2008-02173
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS The applicant did not submit any evidence or identify any errors that occurred in the discharge processing, and provided no facts warranting an upgrade to his discharge characterization. The following members of the Board considered Docket Number BC-2008-02173 in Executive Session on 27 January 2009, under the provisions of AFI 36-2603:
AF | BCMR | CY2014 | BC 2014 02425
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02425 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice. THE BOARD...