RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01987
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reentry (RE) code of 4H, which denotes Serving suspended
punishment pursuant to Article 15, Uniform Code of Military
Justice (UCMJ) be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her RE code is incorrect. She had financial problems towards the
end of her enlistment. Her supervisor requested to see a copy of
her credit report, stating that the first sergeant wanted to
review it. She did not feel comfortable with releasing her
credit report. Within a few weeks, she was given the option of an
early separation from the Air Force or receive a dishonorable
discharge. She choose the early separation not knowing she would
receive a 4H RE code.
In support of her request, the applicant provides a personal
statement, copies of character reference letters, her DD Form
214, Certificate of Release or Discharge from Active Duty; DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States; letters recommendation, and extracts
from her master personnel record.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 August 2000, the applicant enlisted in the Regular Air
Force.
On 22 June 2004, the applicant was notified by his commander of
his intent to impose punishment under Article 15 of the UCMJ.
The reason for the action was she failed to obey a lawful order
by wrongfully taking leave outside the local area without
notifying her supervisor. The applicant acknowledged receipt of
the action and waived her right to demand trial by court-martial.
On 29 April 2004, the commander found the applicant committed the
offense alleged and imposed punishment consisting of a reprimand
and a suspended reduction to the grade of airman first class.
The applicant elected not to appeal the punishment.
On 19 August 2004, the applicant was honorably discharged with a
separation code of JBK, which denotes Air Force Rollback
program and a RE code of 4H. She served 3 years, 11 months and
27 days of total active duty service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states the applicant has not
provided any evidence of an error or injustice to warrant the
change to her discharge characterization. Based on the
documentation in her master personnel records, the discharge to
include her characterization of service was consistent with the
procedural and substantive requirements of the discharge manual
and was within the discretion of the discharge authority.
The complete DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states the applicants RE
code of 4H is the only description applicable for members serving
a suspended Article 15 punishment.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation were forwarded to applicant on
17 December 2010 for review and response. As of this date, no
response has been received by this office (Exhibit E).
_________________________________________________________________
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;
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 the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting his request.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2010-01987 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 28 May 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 10 Nov 10.
Exhibit D. Letter, AFPC/DPSOA, dated 15 Nov 10
Exhibit E. Letter, SAF/MRBR, dated 17 Dec 10.
Panel Chair
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