RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01640
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Reentry (RE) code 4E (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 1J, 1M, 1P, or 1Q to
allow reentry into the Air Force.
APPLICANT CONTENDS THAT:
His service was characterized as Honorable; however, when he was
19 years old he was punished for drinking underage. He
acknowledges it was a stupid mistake for which he has learned
his lesson. He is now 30 years old and desires to reenter the
military and serve his country once again.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 19 Nov
01.
On 2 Jan 03, the applicant received an Article 15, Nonjudicial
Punishment, for underage drinking. The commander imposed
punishment of reduced to Airman Basic (suspended), forfeiture of
$200.00 pay and a reprimand.
On 21 Mar 03, the applicants commander determined he violated
one or more of the conditions of his suspension and vacated the
suspended punishment. The applicant was reduced in grade to
Airman Basic, forfeited $200.00 of pay and received a reprimand.
On 2 Apr 03, the applicant received an Article 15, Nonjudicial
Punishment, for underage drinking. The commander imposed
punishment of forfeiture of $300.00 (suspended) and restriction
to base for a total of 50 days.
On 18 Nov 05, the applicant was furnished an honorable
discharge, and was credited with 4 years of active service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial indicating there is no evidence of
an error or an injustice. The applicant was demoted based on
his own action of underage drinking and again doing the same
while still serving the suspended punishment for his first
offense. He is not eligible for any of the RE codes he has
requested based on his rank of A1C and length of time in the
service.
A complete copy of the AFPC/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 30 Sep 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 an error or injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2014-01640 in Executive Session on 16 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 15 May 14.
Exhibit D. Letter, SAF/MRBR, dated 30 Sep 14.
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