RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02967

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Reentry (RE) code “4E” which denotes “Airman First Class (A1C, E-3) or below and completed 31 or more months” be changed to allow commissioning in the Air Force.  

APPLICANT CONTENDS THAT:

Since his discharge, he has excelled academically and professionally.  Beginning in August 2011, he attended Arizona State University where he graduated with a bachelor’s degree with honors in criminal justice.  He also received his master’s degree in criminal justice with honors.  

During his undergraduate studies, he volunteered with the Arizona Attorney General’s Office of Special Investigations Financial Remedies Section and assisted special agents and prosecuting attorneys with various criminal cases focusing on Arizona’s racketeering statutes.  Shortly thereafter, he worked with the Arizona Department of Health Services where he conducted investigations on high-risk vendors at risk for committing fraud and money laundering.  After eight months, he was promoted to Senior Investigator with the Behavioral Services Division where he conducts white-collar crime investigations on behavioral health providers at risk for fraud, waste and abuse.

In the five years since leaving the Air Force, he has advanced his professional and personal abilities.  His efforts and accomplishments have enabled him to align his personal core values and professional standards with that of an Air Force officer.  For these reasons, he requests the Board approve his request for an upgrade of his RE code which would permit him to apply for Officer Training School (OTS) and re-enter the Air Force as a commissioned officer.     

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 6 December 2005.

AF Form 3070A, Record of Nonjudicial Punishment Proceedings (AB thru TSgt), dated 2 March 2007, reflects the applicant received an Article 15 for dereliction in the performance of duties by willfully failing to refrain from possessing alcoholic beverages while under the legal drinking age.  Punishment included reduction to the grade of Airman Basic (AB, E-1), suspended through 8 October 2007 and 30 days restriction to Hill AFB, UT.  

According to another AF Form 3070A dated 2 November 2009, the applicant received an Article 15 for failure to obey a lawful general regulation by wrongfully wearing gray socks with his physical fitness gear and failing to maintain his military bearing after being ordered to wear proper uniform items.  Punishment included reduction to the grade of Airman First Class (A1C, E-3), with a new Date of Rank (DOR) of 12 November 2009 and forfeiture of $929.00 in pay, suspended through 11 May 2010.  

AF IMT 418, Selective Reenlistment Program Consideration, dated 5 May 2010, reflects the applicant was not selected for reenlistment by his commander as a result of two Article 15s during a prior enlistment.   

On 30 June 2010, the applicant was honorably discharged with RE code “4E” and a narrative reason for separation of “Completion of Required Active Service.”   He was credited with 4 years, 6 months and 25 days of active duty service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3ST recommends denial and, unless otherwise directed by the Board, will forward the DD Form 214 for correction of his RE code to “2X” which denotes “First-term, second-term or career airman considered but not selected for reenlistment under the Selection Reenlistment Program (SRP)” which is the correct RE code.   Per AFI 36-2606, Reenlistment in the USAF, paragraph 3.18, only one RE code is updated using the following priority sequence 2#, 4# and then 1#, thus the “2X” would have priority and be the applicant’s correct RE code.  If the Board determines the applicant’s RE code “2X” is not appropriate, DP3ST recommends the applicant’s “4E” RE code stay the same as this is the next RE code in priority which would apply after the RE code “2X.” 

AFI 36-2606 states commanders have selective reenlistment selection or non-selection authority.  The SRP considers the airman’s Enlisted Performance Report (EPR) ratings, unfavorable information from any substantiated source, the airman’s ability (or lack of) to meet required training and duty performance levels.  The applicant received two Article 15s, with the last one issued on 12 November 2009 resulting in demotion to A1C effective 12 November 2009.  On 5 May 2010, his commander non-selected him for reenlistment and the applicant rendered his intent not to appeal the decision.  The applicant was discharged on 30 June 2010 under the FY10 Phase II Rollback with an honorable character of service after serving 4 years, 6 months and 25 days.  The applicant does not provide any support to point to an error or injustice in reference to him having a negative RE code but is asking for clemency.

A complete copy of the AFPC/DP3ST 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 19 May 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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.  We note the Air Force OPR recommends denial and further recommends the applicant’s RE code be corrected to reflect denial of reenlistment.  However, after a thorough review of the evidence of record and the applicant’s complete submission, we believe it is in the interest of justice to change the applicant’s RE code to permit reentry into the Armed Forces.  In this respect, we are persuaded the applicant’s overall service characterization was honorable despite the minor disciplinary infractions which led to his discharge in the grade of A1C.  Furthermore, we note the applicant has developed into a productive member of society as indicated by his educational accomplishments and employment as a public servant.  Based on these accomplishments, we believe the negative RE code no longer serves any useful purpose.  Therefore, in the interest of justice, his overall service and his post-service achievements, we recommend the applicant’s RE code be changed to “3K” which denotes “Secretarial Authority.”  Therefore, we recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his discharge on 30 June 2010, Item 27, Reentry Code, reflect “3K.” 

The following members of the Board considered AFBCMR Docket Number BC-2015-02967 in Executive Session on 7 July 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3ST, dated 19 May 2016.
	Exhibit D.  Letter, AFBCMR, dated 19 May 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.