RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00344
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) code, 4E which denotes, Airman First Class or Below Completed 31 or More Months be changed to make him eligible to reenlist in the National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his discharge, he was experiencing marital problems and stress that caused him not to be able to reenlist. He left the military and bettered himself by obtaining a bachelors degree and is pursuing his masters degree. He is an Iraqi veteran who wants to serve his country in the Illinois National Guard and needs his RE code changed.
In support of his request, the applicant provides his DD Form 214, Certificate of Release or Discharge from Active Duty, and bachelors degree.
The applicants complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 30 March 2004.
In Aug 2007, while deployed to Iraq, he received an Article 15 and was demoted to airman first class for making a false official statement to his supervisors.
On 29 Mar 2008, the applicant was honorably disched with an RE code of 2E.
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AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states that there is no documentation to support there was an error or injustice. The applicant was discharged in the correct RE code 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 (TIS) separates with a 4E or 4D code depending on their rank. The RE code 4E applied to the applicant while on active duty and was appropriate at the time of his separation.
The complete DPSOA evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 22 March 2013 for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response.
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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 error or injustice. 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 conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
4. The applicants case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered.
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THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00344 in Executive Session on 15 October 2013 under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 January 2013, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSOA, dated 5 Mar 2013.
Exhibit C. Letter, SAF/MRBR, dated 22 Mar 2013
Panel Chair
Panel Chair
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