RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02791
COUNSEL: NONE
HEARING DESIRED: NO
___________ ________________________________________ __________
APPLICANT REQUESTS THAT:
His Reentry (RE) code of 4E (Grade is airman first class or
below and airman completed 31 or more months (55 months for a 6-
year enlistees)), be changed so that he can be eligible to
rejoin the military service.
___________ ________________________________________ __________
APPLICANT CONTENDS THAT:
He received an Honorable Discharge upon his separation from the
Air Force. Although he was court-martialed, he was allowed to
complete his required active duty service and therefore should
be eligible 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.
The applicants complete submission, with attachment, is at
Exhibit A.
___________ ________________________________________ __________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described
in the letter prepared by the Air Force office of primary which
is attached at Exhibit C. Therefore, there is no need to
describe these facts in this record of proceedings.
___________ ________________________________________ __________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial, indicating there is no evidence of
an error or injustice. The applicant enlisted on 20 September
2005. He was demoted to Amn (E-2) on 15 October 2009 as part of
his court-martial sentence. His RE code was updated to 4E since
he was a first-term Airman with the grade of A1C or below. At
the time of his Date of Separation (DOS), he was not eligible to
stay in the Air Force because he held the rank of A1C.
Ultimately, the applicant was demoted based on his own actions
and he was appropriately discharged at his DOS and issued the RE
code of 4E in accordance with the provisions of the governing
instruction.
A complete copy of the 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 03 August 12 for review and comment within 30 days.
As of this date, no response has 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-02791 in Executive Session on 7 Feb 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jun 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 26 Jul 12.
Exhibit D. Letter, SAF/MRBR, dated 3 Aug 12.
Panel Chair
3
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