RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01024 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) be removed from his records. 2. His reetry (RE) code of “2X” (First-term, second-term, or career airman considered for but not selected for reenlistment under the Selective Reenlistment Program (SRP)) on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: He was given NJP and was subsequently discharged for allegedly disobeying a no contact order. His NJP was based on the false statements of others. In support of his request, the applicant provides an expanded statement and a copy of a statement of counsel pertaining to a fellow airman with respect to her Article 15 proceedings. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force as an airman basic (E-1) on 18 Jul 02 and was progressively promoted to the rank of senior airman (E-4), effective and with a date of rank of 2 Jan 05. On 10 Nov 06, the applicant was notified by his commander of his intent to not recommend his reenlistment. The reasons for the action included an Unfavorable Information File (UIF) as well as the fact his name was placed on the Control Roster. He acknowledged receipt and elected to submit an appeal, which was ultimately denied. He acknowledged receipt of the denial on 30 Jan 07 and he was honorably discharged at the completion of his required active service on 15 Mar 07 and issued an RE code of “2X”. He was credited with 4 years, 7 months, and 28 days of total active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial of the applicant’s request for removal of the NJP action, indicating he has not demonstrated an error or injustice. Neither the applicant’s record, nor the Automated Military Justice Analysis and Management System (AMJAMS), contains any record of the aforementioned NJP. The fact that no record exists in AMJAMS does not mean the applicant did not receive NJP; however, the absence of a record and the lack or original documentation in his master personnel record group may indicate that NJP action did not occur. Nonetheless, he has not demonstrated that an error or injustice exists. A complete copy of the AFLOA/JAJM evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code, indicating there is no evidence of an error or injustice. The record indicates he was not selected for reenlistment due to his Unfavorable Information File (UIF) containing a Control Roster. AFI 36-2606, Reenlistment in the USAF, states commanders have selective reenlistment selection or non-selection authority under the SRP. The SRP considers the member’s 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 thereof) to meet required training and duty performance levels. The applicant’s justification is in reference to an Article 15 (which legal can find no record of) and the reason for his separation. However, neither of these have an impact on his RE code in this case as the RE code he was issued was required based on his non-selection for reenlistment by his commander under the SRP. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 Nov 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting corrective action. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion 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 applicant’s 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 issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2010-01024 in Executive Session on 7 Dec 10, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01024 was considered: Exhibit A. DD Form 149, dated 1 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFLOA/JAJM, dated 30 Aug 10. Exhibit D. Letter, AFPC/DPSOA, dated 19 Oct 10. Exhibit E. Letter, SAF/MRBR, dated 5 Nov 10.