RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01458
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 a code that will allow him to reenter the Air
Force.
________________________________________________________________
APPLICANT CONTENDS THAT:
He received an honorable discharge; however, the reason for
separation and the RE code does not match his character of
service.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 Apr 02 for
a period of six years. He was progressively promoted to the
grade of airman first class with an effective date and date of
rank (DOR) of 11 Oct 02.
He received an Article 15 for failure to go at the time
prescribed to his appointed place of duty, on or about (o/a)
30 Jul 04 and o/a 12 Aug 04. His punishment consisted of a
suspended reduction in grade to airman until 26 Feb 05 and
15 days of extra duty.
The applicant was seen at the Life Skills Support Center for
assessment and treatment of difficulties with attention. They
indicated the applicants evaluation revealed persistent
personality traits and symptoms of distress indicative of a
failure to adequately adjust to the military lifestyle. He met
the criteria based on the Diagnostic and Statistical Manual of
Mental Disorders (DSM-IV) for Schizoid Personality Disorder and
Adjustment Disorder with Mixed Disturbance of Emotions and
Conduct and was recommended for separation.
The squadron commander initiated administrative discharge action
against the applicant, on 10 Nov 04, for conditions that
interfere with military service - mental disorder personality
disorders and adjustment disorders. The specific reason for the
proposed action was based on the diagnosis cited above. It was
determined that this disorder significantly impaired his ability
to function effectively in the military. After consulting with
counsel, the applicant submitted written statements in his own
behalf. The staff judge advocate found the case file legally
sufficient and recommended an honorable discharge, without
probation and rehabilitation (P&R). The discharge authority
approved an honorable discharge without P&R.
On 1 Dec 04, the applicant was discharged under the provisions
of AFI 36-3208, by reason of conditions not a disability, with a
corresponding separation code of JFV and was issued an RE Code
of 4H. He was credited with 2 years, 7 months, and 23 days of
active duty service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. AFI 36-2606, Reenlistments in the
USAF, para 3.18., states to update the highest priority code
when two or more RE codes apply, using the priority sequence in
the order of 2# and 4#, 3#, and 1#. Since RE code 2C and 4C
both applied to the applicant at the time of discharge, the RE
code of 2C is the higher priority and was the applicants
appropriate RE code at the time of separation. The applicants
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 1 Dec 04 separation, will
be administratively corrected to reflect an RE code of 2C unless
otherwise directed by the Board. Although the applicant
suggests that his character of service and RE code does not
match, the RE code of 2C is required based on his involuntary
discharge with an honorable character of service.
The complete 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 2 Jul 10 for review and response. 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 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 of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility (OPR) and
adopt its rationale as the basis for our conclusion that relief
beyond that already granted administratively is not warranted.
Therefore, in view of the above, we find no basis to recommend
granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-01458 in Executive Session on 18 November 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Apr 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 9 Jun 10.
Exhibit D. Letter, SAF/MRBR, dated 2 Jul 10.
Panel Chair
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