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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.

________________________________________________________________

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 applicant’s 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 
applicant’s supervisor non-recommended her for reenlistment.

On 18 Jun 08, the applicant’s 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 applicant’s 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 applicant’s 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 airman’s 
willingness to comply with Air Force standards and/or the 
airman’s 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 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. 

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.






                                   
                                   
                                  

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