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
authoritys 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 applicants 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
applicants 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
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