RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05947
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected to change the reentry (RE) code of 4H,
"Serving Suspended Punishment Pursuant to Article 15, Uniform
Code of Military Justice (UCMJ)," to allow him to reenlist in
the Army National Guard.
________________________________________________________________
APPLICANT CONTENDS THAT:
An Army National Guard recruiter brought it to his attention
that the RE code on his DD Form 214 does not allow him to
reenlist into any branch of the Armed Forces. The recruiter
also told him the RE code is not consistent with his separation
code JBK, "Completion of Required Active Service" and his
honorable characterization of service.
In support of his request, the applicant provided a copy of his
DD Form 214.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on
31 March 1993.
According to copies of documents extracted from the Automated
Records Management System (ARMS), by way of an AF Form 3070,
Record of Nonjudicial Punishment Proceedings, the applicant's
commander offered him nonjudicial punishment (NJP) proceedings
under Article 134, Uniform Code of Military Justice, (UCMJ), on
13 March 2000, for two specifications of a violation of Article
134, "Debt, dishonorably failing to pay". The applicant
accepted the NJP on 21 March 2000, and waived his right to trial
by court-martial. He elected to consult counsel and submit a
written statement on his behalf, however, he declined to make a
personal appearance before his commander. On 24 March 2000, the
commander determined the applicant did commit the offenses and
imposed the Article 15. The applicant's imposed punishment was
suspension of a reduction to the grade of Airman First Class,
until 23 September 2000, after which time it would be remitted
without further action, unless sooner vacated, and a reprimand.
The applicant did not appeal the commander's decision. The
Article 15 proceedings were reviewed and determined to be
legally sufficient.
On 10 September 2000, the applicant was released from active
duty with an honorable characterization of service and was
credited with 7 years, 5 months, and 6 days of active duty
service.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the applicant
received an Article 15 and upon his release from active duty on
10 September 2000, was given an RE code of 4H based on serving a
suspended punishment that did not expire until
23 September 2000. The applicant contends his RE code is in
error based on its being incompatible with his honorable
characterization of service, however, all members who separate
with a 4H RE code get an honorable character of service.
The complete AFPC/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 17 February 2013 for review and comment within
30 days. To date, a response has not been received.
________________________________________________________________
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 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 this application
in Executive Session on 17 October 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-05947:
Exhibit A. DD Form 149 dated 18 Dec 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 11 Feb 2013.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 2013.
Panel Chair
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