Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2010-03676
Original file (BC-2010-03676.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03676 

 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 reenter the military. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He would like to be able to join the Air National Guard. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

His complete submission, with attachment, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered into the Regular Air Force on 2 May 06 and 
was progressively promoted to the grade of airman first class (E-
3), having assumed that grade effective and with a date of rank 
of 3 Nov 06. He received an honorable discharge on 15 Mar 07 
after serving 10 months and 14 days. 

 

Additional relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force. Accordingly, there is no need to recite these 
facts in this Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial. DPSOS states the applicant was 
separated under the FY07 Enlisted Date of Separation (DOS) 
Rollback Program. He received a separation program designation 
(SPD) code of JBK (Completion of Required Active Service). DPSOS 
notes the applicant did not provide any evidence of an error or 
injustice to warrant the requested change and his discharge, to 


include his characterization of service, was within the discharge 
authority’s discretion. 

 

The DPSOS complete evaluation, with attachments, is at Exhibit C. 

 

AFPC/DPSOA recommends denial. DPSOA states the applicant was 
ineligible for reenlistment and was discharged under the Air 
Force Rollback Program with an honorable character of service on 
15 Mar 07 after serving 10 months and 14 days on active duty. 
Because the applicant was serving a suspended punishment that 
would not have expired until 25 Mar 07 he was discharged with an 
RE code of 4H. 

 

The DPSOA complete evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant responded by reiterating his original contention 
that he would like his RE code to be changed to allow him to 
serve his country. He admits to being immature at the time and 
takes full responsibility for his actions. He regrets his 
behavior and understands that not only did he embarrass himself, 
but also his squadron, his commander, and ultimately the Air 
Force. He has matured and outgrown engaging in thoughtless and 
irresponsible activities that many young people do without 
thought of the consequences. His commander, “a senior non-
commissioned officer”, at the time told him that he would like to 
fight for him to stay in the Air Force; however, the process was 
already too far along. He respectfully requests a change of his 
RE code and, if granted, he will live up to the values and 
traditions of the Air Force and Armed Forces, and he will serve 
with honor and dignity. 

 

The applicant’s complete submission is at Exhibit F. 

 

_________________________________________________________________ 

 

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 opinions and recommendations 
of the Air Force offices of primary responsibility and adopt their 


rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. We took note of the 
applicant’s contentions and considered changing his RE code based 
on clemency; however, we do not find the evidence presented is 
sufficient to recommend granting the relief sought on that basis. 
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-2010-03676 in Executive Session on 28 Jun 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 29 Sep 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 15 Feb 11. 

 Exhibit D. Letter, AFPC/DPSOA, dated 9 Mar 11. 

 Exhibit E. Letter, SAF/MRBR, dated 1 Apr 11. 

 Exhibit F. Letter, Applicant, dated 25 Apr 11. 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2010 | BC-2010-00067

    Original file (BC-2010-00067.txt) Auto-classification: Denied

    While serving in the Air Force he had all but one “5” Enlisted Performance Reports (EPRs). He received $10,314.00 in separation pay and received a “2X” RE Code. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation.

  • AF | BCMR | CY2011 | BC-2011-02654

    Original file (BC-2011-02654.txt) Auto-classification: Approved

    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/DPSOA recommends changing the applicant’s RE code to 3K, due to the RE code 4H being erroneous. The applicant is requesting his RE code and SPD code be changed to allow him to reenlist in military service. However, we...

  • AF | BCMR | CY2008 | BC-2008-00752

    Original file (BC-2008-00752.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: He received an Article 15 and while he was on leave his commander received a notice to separate airmen with bad records under the Force Shaping program. The complete DPSOS evaluation is at Exhibit C. AFPC/DPSOA states the applicant was not serving suspended punishment under Article 15, UCMJ at the time of his release. _________________________________________________________________ THE BOARD...

  • AF | BCMR | CY2010 | BC-2010-01987

    Original file (BC-2010-01987.txt) Auto-classification: Denied

    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. DPSOA states the applicant’s RE code of 4H is the only description applicable for members serving a suspended Article 15 punishment. We took...

  • AF | BCMR | CY2008 | BC-2007-02430

    Original file (BC-2007-02430.doc) Auto-classification: Denied

    However, if the applicant has evidence to show the effective date or the expiration date of the Control Roster action, the Board may consider changing the RE code. HQ AFPC/DPSOA’s complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant notes that the Control Roster would have expired by the time he was discharged. Exhibit C. Letter, HQ AFPC/DPSOA, dated 4 Sep 07.

  • AF | BCMR | CY2012 | BC-2012-01217

    Original file (BC-2012-01217.txt) Auto-classification: Denied

    The DOS rollback program utilizes the Separation Program Designation (SPD) codeJBK (less than 6 years of active service) with a correspondingnarrative reason for separation of “Completion of Required ActiveService” because the member is denied further continuation or reenlistment and as in the applicant’s case, the DOS/ExpirationTerm of Service may be involuntarily accelerated. Based on the documentation on file in the master personnel record, the discharge to include thecharacterization of...

  • AF | BCMR | CY2010 | BC-2010-04395

    Original file (BC-2010-04395.txt) Auto-classification: Approved

    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, indicating there is no evidence of an error or injustice. Therefore, we believe the applicant’s records should be corrected as indicated below. ...

  • AF | BCMR | CY2012 | BC-2012-00835

    Original file (BC-2012-00835.pdf) Auto-classification: Denied

    On 31 May 11, the applicant was honorably discharged under the provisions of AFI 36-3208, Administrative Separation Of Airmen, with a narrative reason of completion of required active service, a corresponding SPD code of JBK, and an RE code of 2X. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial, stating, in part, based on the documentation on file in the master personnel records, the discharge to include the narrative...

  • AF | BCMR | CY2011 | BC-2011-02577

    Original file (BC-2011-02577.txt) Auto-classification: Denied

    DPSOS states the DOS rollback program utilizes the Separation Program Designator (SPD) code JBK (less than 6 years of active service) or LBK (more than 6 years of active service) with a corresponding narrative reason for separation of “Completion of Required Active Service” since the member is denied further continuation or reenlistment and as in the applicant’s case, the DOS/ETS may be involuntarily accelerated. ________________________________________________________________ THE BOARD...

  • AF | BCMR | CY2013 | BC 2013 02620

    Original file (BC 2013 02620.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial of the applicant’s request to set aside his NJP, indicating the applicant has not shown a clear error or injustice. He was later informed that the commander had made his decision to impose...