RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01054
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code and separation code be changed to allow him
to reenter the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His RE code and separation code precludes him from entering the
Reserves.
In support of his application, the applicant provides a DD Form
293, Application for the Review of Discharge or Dismissal from
the Armed Forces of the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 July 1991, the applicant enlisted in the Regular Air Force
at the age of 20 in the grade of airman basic (E-1). He was
progressively promoted to the grade of senior airman (E-4)
effective 18 July 1994.
On 1 November 1995, the applicant received Article 15 punishment
for stealing two Turkish Robes and one curling iron from Base
Billeting, in violation of Article 121 of the Uniform Code of
Military Justice (UCMJ); and, wrongfully impeding a Security
Police investigation in violation of Article 134, UCMJ. His
punishment consisted of reduction in grade to airman first class
(E-3), suspended until 30 April 1996; forfeiture of $75 for one
month; and seven days extra duty. On 3 November 1995, he was
permanently decertified from the Personnel Reliability Program
(PRP) based on receipt of the Article 15. On 2 January 1996, he
was notified that his Enlisted Performance Report (EPR) for the
period 1 August 1995 through 2 November 1995 was being referred.
The EPR indicated Members off duty conduct did not meet the
standards demanded by the Security Police career field.
On 17 January 1996, the applicant submitted an Air Force Form 31, Airmans Request for Early Separation Separation Based on
Change in Service Obligation. The request was approved based on
the applicants removal from his Air Force Specialty Code (AFSC)
for cause within his control. His commander indicated that in
the interest of Quality Force issues, he did not recommend
investing additional Air Force resources in the applicants
retraining and recommended his separation.
The applicant was honorably released from active duty effective
1 April 1996 with a separation code KND (Miscellaneous/General
Reasons) and an RE code of 4G (No AFSC skill level commensurate
with grade). He served 4 years and 8 months, and 14 days on
active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denying the applicants request to change
his RE code. DPSOA states the applicant had his AFSC withdrawn
for reasons within his control and was given an AFSC 9A100
(airman awaiting retraining disqualification for reasons within
control), as such, his RE code was changed to 4G which was the
appropriate RE code at the time of discharge in accordance with
Air Force Instruction 36-2606, Table 3.4, Item 7, Note 6. There
is no evidence of error or injustice in his records; nor, did he
provide any evidence to support a change to his RE code.
The complete DPSOA evaluation is at Exhibit C.
AFPC/DPSOS recommends denying the applicants request to change
his separation code. DPSOS states that based on documentation on
file in the master personnel records, the discharge was
consistent with the procedural and substantive requirements of
the discharge regulation and was within the discretion of the
discharge authority. The applicant did not submit any evidence
or identify any errors or injustices that occurred in the
discharge processing; nor, did he provide any facts warranting a
change to his separation code.
DPSOS indicates the applicants separation code of KND does not
preclude him from reenlistment or reentry into military service.
They defer to DPSOA on his RE code of 4G.
The complete DPSOS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 9 October 2009, for review and comment within
30 days (Exhibit E). 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 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 an error or an injustice. 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 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 this application in
Executive Session on 21 January 2010, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2009-01054:
Exhibit A. DD Form 149, dated 18 Apr 09, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 18 May 09.
Exhibit D. Letter, AFPC/DPSOS, dated 8 Sep 09.
Exhibit E. Letter, SAF/MRBR, dated 26 Jun 09.
Panel Chair
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