RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03814

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His reentry (RE) code 4E, “4 year enlistee and grade is A1C [with less than 12 months Time in Grade] or below and Airman completed 31 or more months, if a FTA; or 6 year enlistee and grade is below SrA and has completed 55 or more months, if a FTA; or a second term/career Airman and grade is A1C or below and has less than 16 years of TAFMS,” be changed to allow him to reenter military service.

APPLICANT CONTENDS THAT:

He completed four years of service and was honorably discharged.  He wants his RE code changed to allow him to reenter military service.

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

STATEMENT OF FACTS:

On 24 April 1996, the applicant commenced his enlistment in the Regular Air Force.

On 9 October 1997, the applicant was court-martialed and found guilty for possessing Lysergic acid diethylamide (LSD).  On 4 September 1997, he was sentenced to a Bad Conduct Discharge (BCD), four months confinement, forfeiture of pay for four months and reduction in rank to airman basic. 

By Special Court Martial Order No. 6, dated 15 June 1998, the applicant’s BCD was suspended until 29 May 1999.

On 23 April 2000, the applicant was released from active duty in the grade of airman first class (E-3) and was furnished an honorable discharge, with a narrative reason for separation of completion of required service and an RE code of 4E.  He was credited with four years of active 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 indicating there is no evidence of an error or an injustice noting the applicant was court martialed and found guilty for drugs.  He was demoted to airman basic and was ineligible to reenlist and was forced to separate after serving his initial enlistment due to being in the grade of A1C with an effective date of 30 Mar 2000 with 4 years of service.  Service members who are discharged with a RE code 4E receive an honorable character of service and have completed first full enlistment.

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 2 February 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.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, 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-2015-03814 in Executive Session on 26 July 2016, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03814 was considered:

	Exhibit A.  DD Form 149, dated 21 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/ DP3ST, dated 15 Jan 16.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Feb 16.