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AF | BCMR | CY2010 | BC-2010-03281
Original file (BC-2010-03281.txt) Auto-classification: Denied
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. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was told at the time of his separation that after 12 months he 
would be allowed to join the Reserves or Air National Guard. 

 

The evidence submitted in support of the applicant’s appeal is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served on active duty in the Regular Air Force from 
19 February 1981 through 9 December 1985 before transferring to 
the Arizona Air National Guard (ANG). He served in the ANG from 
10 December 1985 to 11 May 1986. On 12 May 1986 he reentered the 
Regular Air Force for a period of four years. He was 
progressively promoted to the grade of staff sergeant (E-5) over 
the course of his military career. 

 

On 17 August 1989, the applicant received Article 15 punishment 
for failure to obey a lawful order and for drunk and disorderly 
conduct. His punishment consisted of reduction to the grade of 
sergeant (E-4), and forfeiture of $200 per month for one month. 
That portion of his punishment regarding reduction in grade was 
suspended until 17 February 1990. 

 

On 24 January 1990, the applicant was discharged with an 
honorable character of service under the “Early Separation 
Program – Strength Reduction” after serving 3 years,8 months, and 
13 days on active duty. Because he was serving a suspended 
punishment that would not have expired until 17 February 1990, he 
received an RE code of “4H.” 

 


The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOA recommends denial. DPSOA states a review of the 
applicant’s record revealed his RE code of “4H” is correct based 
on serving a suspended punishment pursuant to Article 15 at the 
time of discharge. A member’s DD Form 214 is a snapshot of a 
member’s achievements and status at the time of separation and is 
not changed or updated as circumstances change after their 
separation or discharge is executed. The RE code that applies at 
the time of separation or discharge is the appropriate RE code. 

 

DPSOA states the applicant did not provide any evidence of an 
error or injustice. The RE code “4H” is the only RE code 
applicable for members serving a suspended Article 15 punishment. 

 

DPSOA indicates that each component determines their reentry 
eligibility requirements for prior service personnel; to include 
which eligibility factors that can and cannot be waived. The Air 
Force has no control over other components eligibility 
requirements. 

 

A complete copy of the 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 27 November 2010, for review and comment within 30 days. 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 opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its 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 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 AFBCMR Docket 
Number BC-2010-03281 in Executive Session on 7 June 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered for AFBCMR 
Docket Number BC-2010-03281: 

 

 Exhibit A. DD Form 149, dated 25 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOA, dated 27 Oct 10. 

 Exhibit D. Letter, SAF/MRBR, dated 27 Nov 10. 

 

 

 

 

 

 Panel Chair 



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