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 applicants 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
applicants 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 members DD Form 214 is a snapshot of a
members 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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