RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05343 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Reentry (RE) code of 2X (First-term, second-term or career airman considered but not selected for reenlistment under the Selective Re-enlistment Program (SRP)) be changed to allow her to reenter the military. ________________________________________________________________ APPLICANT CONTENDS THAT: Her RE code is unjust due to over-zealous punishment of minor infractions by her chain of command. In support of her request, the applicant provides a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 14 Feb 01, the applicant enlisted in the Regular Air Force. On 2 Jun 05, the applicant received an Article 15 for dereliction of duty by failing to stay at home while on quarters, and making a false official statement, in violation of Articles 92 and 107 respectively, of the Uniform Code of Military Justice (UCMJ). Her punishment consisted of a suspended reduction to the grade of Airman First Class (A1C, E- 3) for six months, 30 days correctional custody and a reprimand. On 2 Jun 05, the applicant acknowledged receipt of the Article 15 punishment and on 7 Jun 05, she elected not to appeal the punishment. On 8 Jun 05, the Article 15 was reviewed and determined to be legally sufficient. On 30 Jun 05, that portion of the Article 15 that called for 30 days correctional custody was remitted. On 3 Mar 08, the applicant received a second Article 15 for two specifications of failing to go at the prescribed time to her appointed place of duty, in violation of Article 86 of the UCMJ. As a result, her punishment consisted of a suspended reduction to the grade of A1C for six months, forfeiture of $300 pay per month for 2 months, and a reprimand. On 3 Mar 08, the applicant acknowledged receipt of the Article 15 punishment and on 8 Mar 08, she elected not to appeal the punishment. On 10 Mar 08, the Article 15 was reviewed and determined to be legally sufficient. On 5 Jun 08, after receiving two Article 15s in three years, the applicant’s supervisor non-recommended her for reenlistment. On 18 Jun 08, the applicant’s commander non-selected her for reenlistment and on 9 Dec 08, the applicant acknowledged receipt of the non-selection for reenlistment and elected not to appeal the decision. On 9 Feb 09, the applicant received an honorable discharge upon completion of required active service with a RE code of “2X.” She was credited with 7 years, 11 months, and 26 days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial, indicating the applicant has not shown a clear error or injustice. The Article 15s the applicant received were procedurally correct and the applicant was afforded all due process. She had the opportunity to present mitigating factors surrounding her misconduct at the time of the Article 15 proceedings. The commanders were in the best position to evaluate the misconduct and they made the decisions they thought were appropriate and there is nothing that would warrant reversing those decisions. A copy of the JAJM evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to change her RE code. The applicant contends her punishment was over-zealous; however, she chose not to appeal her Article 15s or her non-selection for reenlistment. Additionally, AFLOA/JAJM validated the processing of the applicant’s Article 15s. AFI 36-2606, Reenlistment in the USAF, states commanders have selective reenlistment selection or non-selection authority. The Selective Reenlistment Program (SRP) considers the members 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 of) to meet required training and duty performance levels. A copy of the DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 25 Apr 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36- 2603. The applicant has not shown a sufficient reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the untimely filing of this application. 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 the Board's understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-05343 in Executive Session on 9 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Nov 13, w/atch. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFLOA/JAJM, dated 25 Jan 14. Exhibit D. Letter, AFPC/DPSOA, dated 17 Mar 14. Exhibit E. Letter, SAF/MRBR, dated 25 Apr 14.