RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04610
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) code of 3K Reserved for Use by AFPC or
AFBCMR be changed to 1J Eligible to Reenlist Elected
Separation or Discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He wishes to return to military service as a medical officer
after he receives his Bachelors Degree in Nursing.
He was punished with an Article 15 for an alcohol related
problem. The punishment was remitted by his commander due to
good conduct, outstanding work habits and continuing education.
The RE code in the personnel database should have changed from
4H Undergoing Punishment Pursuant to Article 15, UCMJ, to 1J
to reflect that he was eligible to reenlist but elected to
separate. His separation date was 22 July 2009 and there was
not enough time, between the date of the remitted punishment and
his separation date, for his records to be updated across the
military databases.
In support of his request, the applicant provides a previous DD
Form 149, Application for Correction of Military Record, dated
1 August 2009, with attachments, copies of documents extracted
from his military personnel record (MPR), and his college
transcripts.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on
22 February 2005, for a period of four years. On 20 February
2009, the applicant received an Article 15 for violation of
Article 92, Dereliction of Duty. His punishment consisted of 14
days of extra duty, $433.00 forfeiture of pay, and reduction in
grade to the rank of Airman First Class (A1C), E-3, suspended
through 21 July 2009, after which time it would be remitted
without further action, unless sooner vacated. His commander
remitted the punishment on 21 May 2009.
He was released from active duty and transferred to the Air
Force Reserve on 21 July 2009, with an honorable
characterization of service and was credited with serving 4
years and 5 months of active duty.
The applicant previously submitted a DD Form 149 dated
1 August 2009, requesting his RE code be changed from 4H to
1J. In an undated letter, AFPC/DPSOY advised the applicant
they had partially corrected his record to change his RE code
from 4H to 3K. The appropriate office generated a new DD
Form 214 reflecting his RE code as 3K.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states AFI 36-2606, Reenlistments in the United States Air Force, states commanders
have selective reenlistment selection or non-selection
authority. The Selective Reenlistment Program (SRP) considers
the members Enlisted Performance Report (EPR) rating,
Unfavorable Information File (UIF) from any substantiated
source, and the airmans ability (or lack of) to meet required
training and duty performance levels. Each branch of service
decides what RE Codes they will or will not accept or waive and
the RE Code 3K is a waiverable code if any component chooses
to waive it.
The applicant did not provide any evidence of an error or
injustice that would warrant changing his RE code to 1J. The
RE code 3K is the most appropriate code in this situation.
The complete DPSOA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He agrees with the AFPC/DPSOA rationale but disagrees with the
conclusion. The sole reason his punishment was remitted was
because he requested his superiors do so to enable him to return
for future service with the Air Force. The reviewing officer
of his case should contact the people involved to get their
statement because he does not have the ability or resources to
contact them himself.
The applicants complete response, with attachments, is at
Exhibit E.
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
a change in the applicants Reentry Code. After reviewing the
applicants submission, we believe he has provided sufficient
evidence to establish reasonable doubt as to the propriety of
his RE code. In this respect, we note that he has provided
copies of the supplemental Article 15 action indicating the
punishment was remitted on 21 May 2009 and a Virtual Military
Personnel Flight (vMPF) document reflecting his RE Code as 1J
on the day prior to his separation. AFPC/DPSOA states they are
unable to determine when the applicant was selected for
reenlistment as indicated on the vMPF document, since it is not
uncommon for a base level personnel office to not make timely
updates in the personnel system. However, since the punishment
was remitted on 21 May 2009 and noting his otherwise excellent
record of performance, we believe a preponderance of the
evidence suggests that he was selected for reenlistment prior to
his separation. Further, the applicant has expressed a desire
to return to military service as a medical officer. In view of
the totality of the evidence before us, we believe justice can
best be served by resolving any doubt in the applicants behalf.
Therefore, we 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 APPLICANT be corrected to show that he was
discharged on 21 July 2009, with a Reentry Code of "1J," rather
than "3K."
________________________________________________________________
The following members of the Board considered this application
BC-2011-04610 in Executive Session on 17 July 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 November 2011, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 22 December 2011.
Exhibit D. Letter, SAF/MRBR, dated 6 January 2012.
Exhibit E. Letter, Applicant, dated 16 January 2012, w/atchs.
Panel Chair
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