RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04801

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His “4E” Reentry (RE) code which denotes “4 year enlistee and grade is Airman First Class (A1C, E-3) with less than 12 months’ time in grade or below and airman completed 31 or more months or 6 year enlistee and grade is below Senior Airman (SrA, E-4) and has completed 55 or more months” be changed to “3K” which denotes “Reserved for use by AFPC or the AFBCMR when no other RE code applies or is appropriate.”  

APPLICANT CONTENDS THAT:

In a letter dated 5 June 2014, his commander told him the RE code on his DD Form 214, Certificate of Release or Discharge from Active Duty, would be “3K.”  This error constitutes an injustice which creates irreparable harm to his military and/or civil service career.  Disciplinary actions were not in effect at the time of his separation.  Furthermore, the “4E” RE code would not apply but for the existence of a force reduction board per his scheduled promotion to the grade of SrA only 46 days from discharge (before the end of the 6 year contract).  The “4E” RE code would not have been considered if he was allowed to finish his contract.     

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 12 May 2009.

According to AF Form 3070A, Record of Nonjudicial Punishment Proceedings (AB thru TSgt), dated 8 March 2013, the applicant received an Article 15 for driving a passenger car on or about 25 February 2013 at Spangdahlem AB, GE while under the influence of alcohol with a blood alcohol concentration which was equal to or exceeded .10 grams of alcohol per 100 milliliters of blood, the limit under the Uniform Code of Military Justice (UCMJ).  The applicant was reduced to the grade of A1C with new Date of Rank (DOR) of 14 March 2013, restricted to the limits of the base for 14 days and was given 14 days of extra duty.  

The applicant received a referral Enlisted Performance Report (EPR) for the reporting period ending 11 January 2014.  The specific reason for the referral EPR was he received an Article 15 for driving under the influence.  

The applicant provides a letter from his commander dated 5 June 2014 which states he was not selected for retention by the Quality Force Review Board (QFRB) convened on 5 May 2014.  As a result, a mandatory Date of Separation (DOS) of 29 September 2014 was established.  The letter further states that his RE code on his DD Form 214 would reflect as “3K” unless some other higher RE code applied based on disciplinary actions taken by his commander and that action was in effect at the time of his discharge.    

On 29 September 2014, the applicant was honorably discharged from the Air Force with a narrative reason for separation of “Completion of Required Active Service” and RE Code “4E.”  He served 5 years, 4 months and 18 days of active duty service.  

DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, reflects the applicant enlisted in the Air Force Reserve for a period of 6 years on 20 October 2014.  

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 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 RE code “3K” if no other higher priority RE code applies.  In the applicant’s case, the higher priority RE code “4E” applies based on his own actions and the disciplinary actions taken by his commander.  The applicant received an Article 15 with a reduction in grade to A1C for operating a vehicle drunk while on duty as a munitions storage crew chief.

The applicant was discharged on 29 September 2014 under the FY14 QFRB program after serving 5 years, 4 months and 18 days of service.  He was notified by memorandum dated 5 June 2014 , he was nonselected for retention by the QFRB and that his RE code would be “3K” unless some other higher RE code applied based on disciplinary actions.  The applicant acknowledged his nonselection and the information provided on 5 June 2014 by signing the first endorsement.  His correct RE code at the time of notification was “4E” based on being a 6 year enlistee in the grade of A1C with 64 months of service.  The 4# RE code has priority over 3# RE codes per AFI 36-2606, Reenlistments in the USAF, so his RE code remained “4E.”  

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 10 June 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; 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 or 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-2015-04801 in Executive Session on 23 February 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04801 was considered:

	Exhibit A.  DD Form 149, dated 8 November 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3ST, dated 17 March 2016.
	Exhibit D.  Letter, AFBCMR, dated 10 June 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.