Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 05199
Original file (BC 2013 05199.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05199
		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), if a first-term airman; or, grade is airman 
first class or below and the airman is a second-term or career 
airman) be changed to allow him to obtain employment with the 
Department of Veterans Affairs (DVA).

________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature while in the Air Force and as a 
result, was discharged due to alcohol related incidents.  He has 
since matured and has been alcohol and alcohol incident related 
free since his discharge.  He learned from his mistakes and is 
now trying to serve his country with a DVA Information 
Technology (IT) position.

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 provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 1 Jun 83, the applicant enlisted in the Regular Air Force.

On 15 Mar 89, the applicant was furnished an honorable discharge 
with a narrative reason for separation of “Early Separation 
Program - Strength Reduction,” and a RE code of “4E.”  He was 
credited with 5 years, 9 months, and 15 days of total active 
service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating the applicant has not 
provided any proof of an error or injustice.  His RE code of 4E 
is correct in accordance with AFI 36-2606, Reenlistment in the 
USAF.  The applicant was non-selected for reenlistment based on 
his own actions.  He was demoted to the grade of airman first 
class (A1C, E-3) and his RE code was updated to 4E.  The 
applicant was serving in the grade of A1C at the time of his 
discharge with 31 months or more Time in Service (TIS).  As a 
result, he was not eligible to reenlist and had to separate due 
to his grade of A1C and TIS.

A complete copy of the 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 14 Feb 14 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
evidence of record, we find the application untimely.  The 
applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, Section 1552 and Air Force Instruction 36-
2603.  The applicant has not shown a sufficient reason for the 
delay in filing, and we are not persuaded that the record raises 
issues of error or injustice which require resolution on the 
merits.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the untimely filing of this application. 

________________________________________________________________

DECISION OF THE BOARD:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-05199 in Executive Session on 9 Sep 14, under the 
provisions of AFI 36-2603:

	                      , Panel Chair
	                  , Member
	                  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 Nov 13, w/atch.
	Exhibit B.  Applicant's Available Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSOA, dated 24 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 14.




                                   
                                   
                                  

		
2

Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-02791

    Original file (BC-2012-02791.txt) Auto-classification: Denied

    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. ___________...

  • AF | BCMR | CY2012 | BC-2012-02916

    Original file (BC-2012-02916.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02916 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), if a first-term airman; or, grade is airman first class or below and the airman is a second-term or...

  • AF | BCMR | CY2013 | BC 2013 01468

    Original file (BC 2013 01468.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01468 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Re-entry (RE) code of 4E, Ineligible Due to Insufficient Grade – Grade is A1C or Below, on his DD Form 214, Certificate of Discharge or Release from Active Duty, be upgraded to allow him to reenlist in the Air Force Reserve. The applicant’s grade...

  • AF | BCMR | CY2010 | BC-2010-02884

    Original file (BC-2010-02884.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02884 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ 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 6-year enlistees), if a first-term airman; or, grade is airman first class or below and the airman is a second-term or career...

  • AF | BCMR | CY2013 | BC-2013-00344

    Original file (BC-2013-00344.txt) Auto-classification: Denied

    In support of his request, the applicant provides his DD Form 214, Certificate of Release or Discharge from Active Duty, and bachelor’s degree. The RE code 4E applied to the applicant while on active duty and was appropriate at the time of his separation. 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...

  • AF | BCMR | CY2013 | BC-2013-00424

    Original file (BC-2013-00424.txt) Auto-classification: Denied

    The Article 15 punishment included a demotion to the grade of airman first class (E-3) with a date of rank of 11 October 2007. His correct RE code is 4E in accordance with Air Force Instruction 36-2601, Reenlistment in the United States Air Force. Every other member of the Air Force that does not meet the appropriate grade for their time in service separates with a 4E or 4D RE code depending on their rank.

  • AF | BCMR | CY2010 | BC-2010-00558

    Original file (BC-2010-00558.txt) Auto-classification: Denied

    DPSOA states that Control Roster actions are not filed in the service member’s personnel records, or the Military Personnel Data System (MilPDS). The evidence of record indicates the applicant was discharged after completing four years of service with an RE code of 4I. We have been advised the RE code of 4I is erroneous and his records will be corrected administratively by the Air Force office of primary responsibility to reflect the appropriate RE code of 4E.

  • AF | BCMR | CY2005 | bc-2005-00158

    Original file (bc-2005-00158.doc) Auto-classification: Denied

    However, on 16 May 05, HQ AFPC/DPPAE advised the applicant that his 2H RE code was erroneous and had been administratively changed to 4E (grade is airman, airman basic, or A1C and the member has completed more than 31 months of service) - See Exhibit C. [Note: The 4E RE code is a waiverable code; i.e., if a member has an in-demand skill and is otherwise eligible, the Reserves may waive the immediate reenlistment impediment and accept him.] ...

  • AF | BCMR | CY2013 | BC 2013 05343

    Original file (BC 2013 05343.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05343 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ 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 Re-enlistment Program (SRP)) be changed to allow her to reenter the military. On 5 Jun 08, after receiving two...

  • AF | BCMR | CY2010 | BC-2010-04395

    Original file (BC-2010-04395.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial, indicating there is no evidence of an error or injustice. Therefore, we believe the applicant’s records should be corrected as indicated below. ...