RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02654
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His reentry (RE) code 4H (Serving suspended punishment
pursuant to Article 15, Uniform Code of Military Justice (UMCJ))
be changed.
2. His Separation Program Designator (SPD) code JBK, less than
six years of service, be changed to allow him to reenter military
service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty reflects an erroneous RE and separation code. He
volunteered to separate under the DOS Rollback program. His
sleep apnea was the cause of him receiving an Article 15 and an
Unfavorable Information File (UIF).
In support of his request, the applicant provides copies of
documents extracted from his military personnel and medical
records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Nov 01, the applicant contracted his enlistment in the
Regular Air Force.
The applicant received two Article 15s, two Letters of Reprimand
(LORs) and a letter of counseling for being late for work. For
his misconduct his punishment consisted of reductions in rank and
correctional custody. On 13 Jul 04, his suspended punishment was
vacated. He was honorably discharged on 15 Sep 04 and was
credited with 2 years, 10 months and 3 days of active 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/DPSOA recommends changing the applicants RE code to 3K, due
to the RE code 4H being erroneous. Although, it is unclear what
was the cause for the applicant to be separated under the
Rollback Program, his records supports him receiving an RE code
2X, Serving on Control Roster. The RE code 4H should have been
changed once the applicants suspended punishment was vacated.
The complete AFPC/DPSOA evaluation is at Exhibit C.
AFPC/DPSOS recommends denial of the applicants request to change
his SPD code, indicating he has not provided any evidence of an
error or injustice. Based on the documentation on file in his
master personnel records, the discharge to include his SPD code
was consistent with the procedural and substantive requirements
of the discharge manual and was within the discretion of the
discharge authority.
The complete AFPC/DPSOS evaluation, with attachment, is at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 2 Dec 11, for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice warranting
partial relief. The applicant is requesting his RE code and SPD
code be changed to allow him to reenlist in military service. We
note that the SPD code the applicant received was in accordance
with the applicable regulations. Furthermore, there is no
evidence to indicate the applicants discharge, to include the
separation code, was not consistent with the procedural and
substantive requirements of the discharge instruction and was not
within the discretion of the discharge authority. Therefore, the
Board finds no basis to warrant changing the applicants
separation code. However, we note the comments by AFPC/DPSOA
indicating the reentry code issued to the applicant in
conjunction with his discharge was erroneous and recommends his
reentry code be changed to reflect "3K." We concur with the
recommendation and therefore recommend the applicant's records be
corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT, be corrected to show that his Reentry
(RE) Code, issued in conjunction with his release from active
duty on 15 September 2004, was 3K.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02654 in Executive Session on 1 Mar 12, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 2 Nov 11.
Exhibit D. Letter, AFPC/DPSOA, dated 10 Nov 11.
Exhibit E. Letter, SAF/MRBR, dated 2 Dec 11.
Chair
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