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 applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants 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
commanders original decision. The commanders decision is
firmly based on the evidence of the case and the punishment was
well within the limits of the commanders 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
applicants leadership was well aware of the applicants 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 applicants 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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