RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00424
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) Code of 4E which denotes 4 year enlistee and grade is A1C (with less than 12 months TIG) or below and Airmen completed 31 or more months, if a FTA; or 6 year Enlistee and grade is below SrA and has completed 55 or more months, if a FTA; or second Term/career Airmen and grade is A1C or below and has less than 16 years of TAFMS be changed to allow his enlistment in the Armed Forces.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The RE code barring him from reentry into the Armed Forces is excessively harsh. He served his Article 15 punishment, to include extra duty, anger management, marriage counseling and a reduction in grade.
In support of his request, the applicant provides a copy of AF Form 293, Application for Review of Discharge and his DD Form 214, Certificate of Release or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 July 2004, the applicant enlisted in the Air Force. On 12 July 2008, he was discharged with an honorable character of service.
In October 2007, the applicant received an Article 15 for physically assaulting his wife. 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.
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AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states there is no documentation to support there was an error or injustice. The applicant was demoted based on his own actions. His correct RE code is 4E in accordance with Air Force Instruction 36-2601, Reenlistment in the United States Air Force. If the applicant were otherwise eligible for reentry, it would be more appropriate for RE code 4E to be waived by recruiting services than changed from the correct code. 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. Since the RE Code 4E applied to the applicant while he was on active duty and was appropriate at the time of separation, it would not make sense to change his RE code.
The complete 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 8 March 2013 for review and comment within 30 days (Exhibit D). 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.
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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.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-00424 in Executive Session on 17 September 2013 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Nov 2012, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOA, dated 1 Mar 2013.
Exhibit D. Letter, SAF/MRBR, dated 8 Mar 2013
Panel Chair
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