RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01616
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His reentry (RE) code of 3K (Reserved for use by AFPC or the
AFBCMR when no other reenlistment eligibility code applies or is
appropriate) and separation code of JFF (Secretarial
Authority) be changed to codes that will allow him to reenlist.
2. His pay grade of E4 (senior airman) be reinstated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In May 2009, the Air Force Discharge Review Board (AFDRB)
changed his character of service and RE code.
In support of the request, the applicant provides copies of his
original DD Form 214, Certificate of Release or Discharge from
Active Duty, reissued DD Form 214, character letters, and an un-
notarized affidavit.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 Jan 02, the applicant entered the Regular Air Force and was
progressively promoted to the rank of E4 with an effective date
and date of rank of 1 Jul 04.
On 6 Mar 06, the applicant received a Letter of Reprimand for
failure to go.
On 27 Mar 06, the applicant received an Article 15, Uniform Code
of Military Justice nonjudicial punishment, for failure to go at
his appointed place of duty at the prescribed time. His
punishment consisted of a suspended reduction to the grade of E3
(airman first class) until 29 Sep 06 and a forfeiture of $100.
On 19 Oct 06, the applicants received an Article 15 in which
his suspended reduction was vacated. On 22 Sep 06, the
applicant failed to go to his appointed place of duty at the
prescribed time. His punishment consisted of a reduction in
grade to airman first class with a new date of rank of 30 Mar
06, with an effective date of 19 Oct 06.
On 7 Dec 06, the applicant was notified of pending discharge
action. Specifically, the commander cited a pattern of
misconduct conduct prejudicial to good order and discipline as
the basis for discharge. The commander listed the applicants
failures to go as the reason for discharge.
On 12 Dec 06, the applicant submitted written statements in his
own behalf and requested an honorable discharge.
On 20 Dec 06, the discharge authority directed discharge without
probation and rehabilitation and the applicant was discharged
with a general (under honorable conditions) discharge with the
narrative reason for separation of misconduct and a separation
code of JKM with the RE code of 2B (separated with a general
or under other than honorable conditions discharge).
On 20 May 99, the applicant appeared before the AFDRB requesting
an upgrade of his discharge and a change of his RE code. The
AFDBR determined the applicants discharge was inequitable and
directed that his discharge be upgraded to Honorable and his
RE code be changed to 3K based on the following findings: 1)
the applicant was suffering from sleep deprivation and receiving
inadequate therapy for his sleeping problem, and 2) the
applicants immediate leadership violated Air Force safety
standards in regards to ensuring the applicant was afforded
adequate rest periods.
The applicant was issued a new DD Form 214 reflecting his
character of service as Honorable, his separation code as
JFF, his RE code as 3K, and his narrative reason for
separation as Secretarial Authority.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOE recommends denial of the applicants request for
reinstatement of the rank of senior airman. DPSOE states the
commander at the time was acting within his authority when
imposing punishment.
The complete HQ AFPC/DPSOE 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 14 Jan 11 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
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. Based on
previous changes made to his record by the Air Force Discharge
Review Board (AFDRB), the applicant requests further relief from
this Board, which he opines will complete the process of
correcting his record. The applicant believes additional relief
is warranted through further upgrade of his reenlistment code
and narrative reason as well as restoration of his pay grade of
senior airman. Regarding the RE code and narrative reason, we
note that the relief provided him through AFDRB channels is the
same as that likely to have been granted by this Board had a
determination been made he was the victim of error or injustice.
Based on a review of his record and the evidence provided, we do
not find that a basis exists to provide him with a further
change in his RE code or narrative reason. We note that the RE
code and separation code he now has can be waived by any
military service that wants to enlist him. Regarding his pay
grade, we note he was reduced in grade as a result of Article 15
action. Notwithstanding the findings of the AFDRB, he has not
provided evidence to show that the punishment the commander
imposed under Article 15 was arbitrary and capricious or
exceeded the commanders discretionary authority. As such,
without a basis to question the Article 15 action, we do not
find a basis to restore his previous grade. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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-2010-01616 in Executive Session on 15 February 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOE, dated 30 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 14 Jan 11.
Panel Chair
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