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AF | BCMR | CY2013 | BC 2013 03287
Original file (BC 2013 03287.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03287
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry (RE) code of 4H (Serving suspended punishment to 
Article 15) be removed from his records. 

________________________________________________________________

APPLICANT CONTENDS THAT:

He could have had the Article 15 punishment removed from his 
record after one year, if he was still on active duty.  He does 
not wish to reenter the military but needs the RE code removed 
so he can pursue other career opportunities.

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 4 Jun 02. 

On 1 Feb 10, the applicant received an Article 15 for sleeping 
on post, in violation of Article 113 of the Uniform Code of 
Military Justice (UCMJ).  As a result, his punishment consisted 
of a suspended reduction to the grade of senior airman (E-4) for 
six months, forfeiture of $1,291.00 pay, and a reprimand.

On 1 Feb 10, the applicant acknowledged receipt of the Article 
15 punishment and, on 8 Feb 10, elected not to appeal the 
punishment or submit statements on his behalf.

On 10 Feb 10, the Article 15 was reviewed and determined to be 
legally sufficient.

On 30 Jun 10, the applicant was furnished an honorable 
discharge, with a RE code of 4H, and was credited with 8 years 
and 27 days of total active service.

________________________________________________________________



AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial, indicating the applicant has not 
shown a clear error or injustice.  The applicant fails to make a 
compelling argument that the Board should overturn the 
commander’s original decision.  The commander’s decision is 
firmly based on the evidence of the case and the punishment was 
well within the limits of the commander’s authority and 
discretion.  The applicant does not contend an error or 
injustice in his receipt of nonjudicial punishment, but rather 
feels the 4H RE code on his DD Form 214 should be removed.  
Nevertheless, the legal review process showed the commander did 
not act arbitrarily or capriciously in making his decision.  The 
applicant’s leadership was well aware of the applicant’s record 
before and after the misconduct and made sure to take this into 
account before issuing the nonjudicial punishment.

A complete copy of the JAJM evaluation is at Exhibit C.

AFPC/DPSOA recommends denial, indicating the applicant has not 
provided any proof of an error or injustice related to his RE 
code.  The applicant contends his Article 15 could have been 
removed from his record after one year if he was still on active 
duty.  However, the Article 15 was processed in accordance with 
the current guidance and there is no process for an active duty 
member to have a valid Article 15 removed from their record 
after a year or any other passage of a period of time.  The 
applicant was discharged under the FY10 Phase II Force Shaping 
Rollback Program.  

A complete copy of the DPSOA evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Nov 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit E).

________________________________________________________________

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 an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility (OPR) and adopt their rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
of injustice.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief.

________________________________________________________________

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-2013-03287 in Executive Session on 8 Apr 14, under the 
provisions of AFI 36-2603:

	                        , Panel Chair
	                       , Member
	                        , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Jul 13.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFLOA/JAJM, dated 6 Sep 13.
	Exhibit D.  Letter, AFPC/DPSOA, dated 24 Oct 13.
	Exhibit E.  Letter, SAF/MRBR, dated 14 Nov 13.




                                   
                                   Panel Chair
                                    

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