AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01323
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 4H which denotes “Serving suspended
punishment pursuant to Article 15, Uniform Code of Military
Justice” be corrected to allow him reentry into the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not commanded to leave the Air Force. He chose to
separate at the end of his enlistment, and was never informed of
any reentry problems during his out-processing briefings.
He did not know what the reentry code meant and saw the honorable
discharge and assumed everything was okay.
It was not until he decided to join the Air National Guard that
he realized there was a problem with his RE code.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 22 Aug 00, the applicant enlisted in the Regular Air Force.
On 23 Dec 04, the applicant received an Article 15 for violating
a lawful general regulation by wrongfully transmitting sexually
explicit images via his government email account. His punishment
consisted of a suspended reduction to the grade of airman first
class through 22 Jun 05, a forfeiture of $500.00 pay per month
for two months, and a restriction to the limits of the base for
45 days.
On 9 Nov 05, the applicant completed AF Form 31, Airman’s Request
for Early Separation/Separation Based on Change in Service
Obligation, with a requested date of separation of 23 May 06, and
his commander approved his request.
On 23 May 06, the applicant was honorably discharged and received
an RE code of 4H. He served on active duty for a period of five
years, nine months, and two days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends that the Board direct a change in the
applicant’s RE code to 3K “Reserved for use by HQ AFPC or the
AFBCMR when no other reenlistment code applies or is
appropriate.”
DPSOA states the applicant received an Article 15 on 23 Dec 04,
and was assigned an RE code of 4H based on serving a suspended
punishment that expired 22 Jun 05. At the time of his separation
he was not eligible to reenlist because his RE code was “4H.”
The applicant’s commander never selected or non-selected the
applicant for reenlistment, which would have changed his RE code.
The complete DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 May 12, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. As of this
date, a response has not been received by this office (Exhibit
D).
_________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After
reviewing the applicant’s request and noting the opinion and
recommendation of the Air Force office of primary responsibility
(OPR), we believe a measure of relief is warranted. In this
respect, AFPC/DPSOA has pointed out that the applicant’s RE code
at the time of separation was incorrect since his suspended
punishment pursuant to an Article 15 had expired on 22 Jun 05.
Also, because of the incorrect RE code the applicant was not
considered for reenlistment under the Selective Reenlistment
Program. Therefore, we agree with the Air Force OPR that the
applicant’s RE code should be changed to 3K. Our recommendation
2
in no way guarantees that he will be allowed to return to any
branch of the service and any such entrance will be contingent
upon needs of the service for which he applies. In view of the
above, we recommend his records be corrected as 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 discharge
on 23 May 06 with a reentry code of “3K” rather than “4H.”
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01323 in Executive Session on 5 Sep 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Apr 12, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 3 May 12.
Exhibit D. Letter, SAF/MRBR, dated 11 May 12.
Panel Chair
3
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