RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03140 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Reentry (RE) code of 2X (First-term, second-term or career airman considered but not selected for reenlistment under the SRP) be changed to allow him to reenter the military. APPLICANT CONTENDS THAT: Since his discharge in 2005 he had a lot of time to ponder his previous actions. He is planning on entering the ROTC program in California. He understands that his actions were wrong and can blame only himself for what happened. He is currently pursuing his RN License at Golden West College. He has corrected his previous errors and knows that he has what it takes to serve his country as a nursing officer. In support of his request, the applicant provides copies of his academic transcripts, certificates, Scholarship Awards, and various other documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 9 Jan 04, he enlisted in the Regular Air Force. According to AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 9 Jun 04, the applicant received an Article 15 for dereliction in the performance of his duties by consuming alcohol while under the legal drinking age of 21, in violation of Article 92 of the Uniform Code of Military Justice (UCMJ). As a result, his punishment consisted of forfeiture of $200 pay for two months (one month suspended) and 14 days extra duty. On 15 May 05, the applicant was honorably discharged with an RE code of 2X. He was credited with 1 year, 3 months, and 26 days of active service. According to AFI 36-2606, Reenlistment in the United States Air Force, the AF Form 418, Selective Reenlistment Program Consideration, documents non-selection for continued service or reconsideration actions. AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. AFI 36-2606, Reenlistment in the USAF, states commanders have selective reenlistment selection or non-selection authority. The Selective Reenlistment Program (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 of) to meet required training and duty performance levels. The applicant was discharged under the Fiscal Year 2005 (FY05) Force Shaping Rollback Program with an honorable character of service. A search of his records did not reveal an AF Form 418, non-selecting him; however, the personnel data system reflects an RE code of 2X and that he had an Article 15 issued on 9 Jun 04. If the decision is to grant relief, recommend the Board direct the applicant's RE code be corrected to reflect 3K--"Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate." The complete 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 9 Dec 14 for review and comment within 30 days. 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting relief. Given there is no evidence that an AF Form 418 was initiated to support the RE code of 2X, we believe the applicant’s RE code should be change to 3K. Whether or not he is successful in his attempts to return to the military will depend on the needs of the service, and our recommendation in no way guarantees that he will be allowed to return to any branch of service. Therefore, we recommend his records be corrected to the extent indicated below. __________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 15 May 05, he was honorably discharged with an RE code of 3K, which denotes "Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate." The following members of the Board considered AFBCMR Docket Number BC-2014-03140 in Executive Session on 8 Apr 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 Jul 14, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 9 Oct 14. Exhibit D. Letter, SAF/MRBR, dated 9 Dec 14.