RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03836
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment (RE) Code of 2X (First-term, second-term, or
career airman considered but not selected for reenlistment under
the Selective Reenlistment Program (SRP)) be changed to 12
[sic] (Recommend for reenlistment).
________________________________________________________________
APPLICANT CONTENDS THAT:
The accusations against him were not adequate to discharge him,
so his chain of command unjustly denied him reenlistment after
over 15 years of service. In Jun 11, his commander approved his
reenlistment even though he had received a Letter of Reprimand
(LOR) and non-judicial punishment under Article 15 of the
Uniform Code of Military Justice (UCMJ). However, his chain of
command fabricated two additional LORs in order to involuntarily
dismiss him from the military, and then denied his reenlistment
in Mar 12.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
15 Jan 97, and was progressively promoted to the grade of Staff
Sergeant (E-5).
On 5 Feb 05, the applicant received a Letter of Counseling (LOC)
for forms documentation errors, after being verbally counseled
numerous times.
On 20 Jan 09, the applicant received an Article 15 for violation
of UCMJ Article 107: with intent to deceive, signing an official
record by falsifying an inspection record to reflect that work
had been completed and inspected, and by adding someone elses
initials, signature, and employee number.
On 10 Jul 09, the applicant received a referral Enlisted
Performance Report (EPR) for the period 2 Jun 08 through
1 Jun 09 due to receipt of the Article 15.
On 3 Aug 09, the applicant received a Letter of Reprimand (LOR)
for failing to follow established tool turn-in procedures.
On 30 Nov 11, the applicant received an LOR for entering into an
aircraft without first checking the forms and making the
aircraft safe for maintenance.
On 7 Dec 11, the applicant received an LOR for failing to clear
his area of FOD after being told to do so, lack of equipment
accountability, poor storage of equipment, no serviceable
documentation, and failure to provide proper leadership.
On 19 Jan 12, the applicant received an LOR for committing
maintenance malpractice by failure to comply with numerous basic
maintenance practices, and disobeying direct verbal
instructions.
On 12 Mar 12, the applicant received a referral EPR for the
period 2 Jun 11 through 2 Mar 12 for dereliction of duty and his
failure to obey a direct order.
On 28 Mar 12, the applicants commander denied the applicant
reenlistment under the SRP. The applicant appealed the
decision. The action was subsequently determined to be legally
sufficient and the Staff Judge Advocate recommended denial of
the applicants appeal. On 25 May 12, the appeal authority
denied the applicants appeal.
On 19 Jun 12, the applicant was released from active duty with
an Honorable character of service, was issued an RE Code of 2X,
and credited with 15 years, 5 months, and 5 days of total active
service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial, indicating there is no evidence of
an error or injustice. AFI 36-2606, Reenlistment in the USAF,
states commanders have selective reenlistment selection or non-
selection authority. The SRP considers the members EPR ratings,
unfavorable information from any substantiated source, the
airmans willingness to comply with Air Force standards and/or
the airmans ability (or lack of) to meet required training and
duty performance levels. The applicant contents his two LORs
were fabricated to facilitate his involuntary discharge.
However, he had a history of minor disciplinary work related
infractions to include an Article 15 on 7 Jan 09 for
intentionally falsifying a Red X discrepancy by using another
members signature block and initialing it indicating the work
had been completed and inspected. Additionally, the applicant
had three LORs in Aug 09, Dec 11, and Jan 12 for poor
maintenance practices.
A complete copy of the AFPC/DPSOA evaluation, with attachment,
is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 Nov 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 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 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-2012-03836 in Executive Session on 2 Apr 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 25 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12.
Panel Chair
AF | BCMR | CY2013 | BC 2013 04879
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04879 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Reentry (RE) code 2X (First-term, second-term or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)) be changed to a 1 series. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office...
AF | BCMR | CY2014 | BC 2014 01103
On 23 May 12, his supervisor signed the AF IMT 418, Selective Reenlistment Program (SRP) Consideration for Airmen in the Regular Air Force/Air Force Reserve, indicating he was not recommending him for reenlistment due to his duty performance and multiple disciplinary issues. On 14 May 12, his supervisor presented him with an AF IMT 1058, Unfavorable Information File Action, notifying him that he intended to place him on the control roster for his duty performance and multiple disciplinary...
AF | BCMR | CY2013 | BC 2013 04859
AIR FORCE EVALUATION: AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. Exhibit C. Letter, AFPC/DPSOA, dated 21 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 31 Mar 14.
AF | BCMR | CY2014 | BC 2014 01988
Any duty that requires him to report his arrest for DUI violates his Fifth Amendment right against self-incrimination. On 10 Oct 12, the applicants commander issued him an LOR for failing to report his arrest to his security officer as required by DoD Regulation 5200.2-R, paragraph C9.1.4. On 11 Mar 13, in response to a request from the applicant, his referral EPR was amended to remove reference to the DUI, however, the EPR remained an overall 3 based upon the applicants failure to...
AF | BCMR | CY2012 | BC-2012-00165
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00165 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: Her reentry (RE) code of 2X (First-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)) be changed to 1M (Eligible to reenlist, second-term or career airmen not yet...
AF | BCMR | CY2014 | BC 2014 02189
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02189 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code be changed. The raters comments state Member elected not to provide comments to the referral memo dated 24 Nov 2010. On 18 Feb 11, the applicants squadron commander did not select her for reenlistment stating she had received an Article 15 for drawing a sexual innuendo...
AF | BCMR | CY2013 | BC 2013 02848
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02848 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Reentry (RE) code of 2X (first-term, second term or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)) be upgraded so that he can reenlist in the US Marine Corps (USMC). ...
AF | BCMR | CY2014 | BC 2014 03718
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03718 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His reentry (RE) code of 2X (1st Term, 2nd Term, or career airman considered but not selected for reenlistment) be changed so he can reenter the military. On 14 Nov 11, the applicants commander did not select him for reenlistment under the Fiscal Year 2012 Date of Separation Rollback Program. The remaining...
AF | BCMR | CY2013 | BC 2012 05961
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05961 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of 2X (Career airman considered but not selected for reenlistment under the Selective Reenlistment Program), as reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to allow him to...
AF | BCMR | CY2012 | BC 2012 05961
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05961 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of 2X (Career airman considered but not selected for reenlistment under the Selective Reenlistment Program), as reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to allow him to...