RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01458 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of 4H (serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ)) be changed to a code that will allow him to reenter the Air Force. ________________________________________________________________ APPLICANT CONTENDS THAT: He received an honorable discharge; however, the reason for separation and the RE code does not match his character of service. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 9 Apr 02 for a period of six years. He was progressively promoted to the grade of airman first class with an effective date and date of rank (DOR) of 11 Oct 02. He received an Article 15 for failure to go at the time prescribed to his appointed place of duty, on or about (o/a) 30 Jul 04 and o/a 12 Aug 04. His punishment consisted of a suspended reduction in grade to airman until 26 Feb 05 and 15 days of extra duty. The applicant was seen at the Life Skills Support Center for assessment and treatment of difficulties with attention. They indicated the applicant’s evaluation revealed persistent personality traits and symptoms of distress indicative of a failure to adequately adjust to the military lifestyle. He met the criteria based on the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) for Schizoid Personality Disorder and Adjustment Disorder with Mixed Disturbance of Emotions and Conduct and was recommended for separation. The squadron commander initiated administrative discharge action against the applicant, on 10 Nov 04, for conditions that interfere with military service - mental disorder – personality disorders and adjustment disorders. The specific reason for the proposed action was based on the diagnosis cited above. It was determined that this disorder significantly impaired his ability to function effectively in the military. After consulting with counsel, the applicant submitted written statements in his own behalf. The staff judge advocate found the case file legally sufficient and recommended an honorable discharge, without probation and rehabilitation (P&R). The discharge authority approved an honorable discharge without P&R. On 1 Dec 04, the applicant was discharged under the provisions of AFI 36-3208, by reason of conditions not a disability, with a corresponding separation code of JFV and was issued an RE Code of 4H. He was credited with 2 years, 7 months, and 23 days of active duty service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. AFI 36-2606, Reenlistments in the USAF, para 3.18., states to update the highest priority code when two or more RE codes apply, using the priority sequence in the order of 2# and 4#, 3#, and 1#. Since RE code 2C and 4C both applied to the applicant at the time of discharge, the RE code of 2C is the higher priority and was the applicant’s appropriate RE code at the time of separation. The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 1 Dec 04 separation, will be administratively corrected to reflect an RE code of 2C unless otherwise directed by the Board. Although the applicant suggests that his character of service and RE code does not match, the RE code of 2C is required based on his involuntary discharge with an honorable character of service. The complete 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 2 Jul 10 for review and response. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 (OPR) and adopt its rationale as the basis for our conclusion that relief beyond that already granted administratively is not warranted. Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2010-01458 in Executive Session on 18 November 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Apr 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 9 Jun 10. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 10.