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.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her RE code is unjust due to over-zealous punishment of minor
infractions by her chain of command.
In support of her request, the applicant provides a copy of her
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 14 Feb 01, the applicant enlisted in the Regular Air Force.
On 2 Jun 05, the applicant received an Article 15 for
dereliction of duty by failing to stay at home while on
quarters, and making a false official statement, in violation of
Articles 92 and 107 respectively, of the Uniform Code of
Military Justice (UCMJ). Her punishment consisted of a
suspended reduction to the grade of Airman First Class (A1C, E-
3) for six months, 30 days correctional custody and a reprimand.
On 2 Jun 05, the applicant acknowledged receipt of the Article
15 punishment and on 7 Jun 05, she elected not to appeal the
punishment.
On 8 Jun 05, the Article 15 was reviewed and determined to be
legally sufficient.
On 30 Jun 05, that portion of the Article 15 that called for
30 days correctional custody was remitted.
On 3 Mar 08, the applicant received a second Article 15 for two
specifications of failing to go at the prescribed time to her
appointed place of duty, in violation of Article 86 of the UCMJ.
As a result, her punishment consisted of a suspended reduction
to the grade of A1C for six months, forfeiture of $300 pay per
month for 2 months, and a reprimand.
On 3 Mar 08, the applicant acknowledged receipt of the Article
15 punishment and on 8 Mar 08, she elected not to appeal the
punishment.
On 10 Mar 08, the Article 15 was reviewed and determined to be
legally sufficient.
On 5 Jun 08, after receiving two Article 15s in three years, the
applicants supervisor non-recommended her for reenlistment.
On 18 Jun 08, the applicants commander non-selected her for
reenlistment and on 9 Dec 08, the applicant acknowledged receipt
of the non-selection for reenlistment and elected not to appeal
the decision.
On 9 Feb 09, the applicant received an honorable discharge upon
completion of required active service with a RE code of 2X.
She was credited with 7 years, 11 months, and 26 days of total
active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial, indicating the applicant has not
shown a clear error or injustice. The Article 15s the applicant
received were procedurally correct and the applicant was
afforded all due process. She had the opportunity to present
mitigating factors surrounding her misconduct at the time of the
Article 15 proceedings. The commanders were in the best
position to evaluate the misconduct and they made the decisions
they thought were appropriate and there is nothing that would
warrant reversing those decisions.
A copy of the JAJM evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicants request to
change her RE code. The applicant contends her punishment was
over-zealous; however, she chose not to appeal her Article 15s
or her non-selection for reenlistment. Additionally, AFLOA/JAJM
validated the processing of the applicants Article 15s.
AFI 36-2606, Reenlistment in the USAF, states commanders have
selective reenlistment selection or non-selection authority.
The Selective Reenlistment Program (SRP) considers the members
Enlisted Performance Report (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.
A copy of the DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 25 Apr 14 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants 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.
The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to the Board's understanding of the issues
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2013-05343 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 5 Nov 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFLOA/JAJM, dated 25 Jan 14.
Exhibit D. Letter, AFPC/DPSOA, dated 17 Mar 14.
Exhibit E. Letter, SAF/MRBR, dated 25 Apr 14.
4
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