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Decision Text

AF | BCMR | CY2014 | BC 2014 01640
Original file (BC 2014 01640.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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 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 
(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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