RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03408

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His reenlistment (RE) code of “4E” (Ineligible to reenlist without waiver) be changed to “3K” (Reserved for use by HQ AFMPC or the AFBCMR when no other RE code applies or is appropriate).

APPLICANT CONTENDS THAT:

His separation orders reflects that he should have received an RE code of “3K” (Reserved for use by HQ AFMPC or the AFBCMR when no other RE code applies or is appropriate).  In addition, the letter of discharge from his commander states that he would receive an RE code of “3K.”  He was informed that a “3K” RE code would allow him to reenlist.  He realizes that the Air Force currently has a prior service program in place; however, that requires a “1” RE code.

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

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 4 August 2009.

On 5 June 2014 the applicant was notified by his commander that he was non-selected for retention by the Fiscal Year 2014 (FY14) Quality Force Review Board (QFRB) and his RE code would be “3K” unless some other higher RE code applies.  The applicant acknowledged his non-selection by signing the first endorsement of the non-selection memorandum.  

The applicant was furnished an honorable discharge on 29 September 2014, after serving 5 years, 1 month, and 26 days of active service.

The applicant’s AF Form 100, Request and Authorization for Separation dated 18 June 2014, reflects an RE code of “3K.”

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.  The applicant’s correct RE code at the time of notification was “4E” based on being a 6 year enlistee in the grade of Airman First Class (A1C) with 61 months of service.  The applicant contends his RE code should be “3K” based on being separated under the QFRB.  However, RE codes in the “4” series have priority over RE codes in the “3” series and the QFRB guidance states Airmen receive a RE code “3K” if no other higher priority RE code applies.  In applicant’s case, the higher priority RE code “4E” applies and is appropriate.  Additionally, applicant point’s out he has a RE code “3K” listed on his separation orders.  The source document for RE codes when Airmen separate is the DD Form 214, Certificate of Release or Discharge from Active Duty, which is correct in applicant’s case.  The separation orders are normally not corrected when the RE code changes after issue or is listed in correctly.  

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 9 March 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Although the applicant’s AF Form 100 incorrectly reflects his RE Code as “3K,” as pointed out by the AF OPR, the DD Form 214 is  the correct source document for the RE code.  Therefore, we conclude the incorrect RE code reflected on his AF Form 100 is a harmless error.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-03408 in Executive Session on 16 August 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03408 was considered:

	Exhibit A.  DD Form 149, dated 30 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3ST, dated 8 Dec 15.
	Exhibit D.  Letter, SAF/MRBR, dated 9 Mar 16.

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.