RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03676 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 allow him to reenter the military. _________________________________________________________________ APPLICANT CONTENDS THAT: He would like to be able to join the Air National Guard. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. His complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered into the Regular Air Force on 2 May 06 and was progressively promoted to the grade of airman first class (E- 3), having assumed that grade effective and with a date of rank of 3 Nov 06. He received an honorable discharge on 15 Mar 07 after serving 10 months and 14 days. Additional relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states the applicant was separated under the FY07 Enlisted Date of Separation (DOS) Rollback Program. He received a separation program designation (SPD) code of JBK (Completion of Required Active Service). DPSOS notes the applicant did not provide any evidence of an error or injustice to warrant the requested change and his discharge, to include his characterization of service, was within the discharge authority’s discretion. The DPSOS complete evaluation, with attachments, is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA states the applicant was ineligible for reenlistment and was discharged under the Air Force Rollback Program with an honorable character of service on 15 Mar 07 after serving 10 months and 14 days on active duty. Because the applicant was serving a suspended punishment that would not have expired until 25 Mar 07 he was discharged with an RE code of 4H. The DPSOA complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by reiterating his original contention that he would like his RE code to be changed to allow him to serve his country. He admits to being immature at the time and takes full responsibility for his actions. He regrets his behavior and understands that not only did he embarrass himself, but also his squadron, his commander, and ultimately the Air Force. He has matured and outgrown engaging in thoughtless and irresponsible activities that many young people do without thought of the consequences. His commander, “a senior non- commissioned officer”, at the time told him that he would like to fight for him to stay in the Air Force; however, the process was already too far along. He respectfully requests a change of his RE code and, if granted, he will live up to the values and traditions of the Air Force and Armed Forces, and he will serve with honor and dignity. The applicant’s complete submission is at Exhibit F. _________________________________________________________________ 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We took note of the applicant’s contentions and considered changing his RE code based on clemency; however, we do not find the evidence presented is sufficient to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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-2010-03676 in Executive Session on 28 Jun 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Sep 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 15 Feb 11. Exhibit D. Letter, AFPC/DPSOA, dated 9 Mar 11. Exhibit E. Letter, SAF/MRBR, dated 1 Apr 11. Exhibit F. Letter, Applicant, dated 25 Apr 11.