RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02181 

						COUNSEL:  											HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, Item 27, Reentry (RE) Code, 4I, and Item 28, Narrative Reason for Separation, Completion of Required Active Service, be changed to show she does not need a waiver to reenlist, so that she may enlist in the Army.

APPLICANT CONTENDS THAT:

Due to a clerical error, these items are inconsistent, and do not allow her to enlist in the Army.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 5 Jun 02.

On 15 Sep 04, the applicant was furnished an honorable discharge, and was credited with 2 years, 3 months, and 11 days of active service.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D.  

AIR FORCE EVALUATION:

AFPC/DP3ST recommends denial indicating there is no evidence of an error or an injustice.  

The applicant was discharged under the FY04 AF Force Shaping Rollback Program.  There are limited records available for review/validation on member now 12 years after her discharge.  However, to be separated under the FY04 Rollback member’s had to have a negative factor in their record such as a RE code 4I -Serving on the Control Roster.  Although Control Roster actions are not filed in the personnel record, the applicant’s DD Form 214 reflects her RE code as 4I and supports her discharge under the FY04 Rollback.  Contrary to the applicant’s contentions, her current RE code and narrative are compatible, and do not conflict.

The applicant is asking for a RE code that does not require a waiver.  RE code 1J - “Eligible to reenlist, but elects separation” (All Airmen selected under the Selective Reenlistment Program [SRP] and elect separation are given RE code 1J), is the only RE code the AF awards on separation or discharge that fits this category.  However, the applicant cannot be awarded a RE code 1J as she was not reenlistment eligible, but was separated under the AF Date of Separation Rollback program which only selects member’s with disciplinary codes to be separated early.  Additionally, the applicant did not have enough time in service to be selected for reenlistment and qualify for a RE code 1J.

A complete copy of the AFPC/DP3ST evaluation is at Exhibit C.

AFPC/DP2STM recommends denial indicating there is no evidence of an error or an injustice.  

The complete discharge documentation is absent from the applicant’s master of personnel record.  Based on the presumption of regularity, the amount of time the applicant has in service, and the separation (SPD) code provided on the DD Form 214, the applicant was discharged as the result of the FY04 Date of Separation (DOS) Rollback Program.  The DOS Rollback Program accelerated the DOS of airmen with specific RE codes.  Under this program, airmen with negative quality RE code indicators were selected and given a mandatory DOS.  The applicant’s RE code on the DD FM 214 shows a code that meets the eligibility criteria for DOS Rollback (serving on Control Roster).  Based on the presumption of regularity, the applicant was chosen for an accelerated mandatory separation based on this code and was given an honorable service characterization.  Airmen who are separated under the DOS Rollback Program are given an accelerated DOS and service is considered completed.  Those with less than six years of active service separate under SPD code JBK (Completion of Required Active Service).  Therefore, narrative reason for separation is correct as indicated on the applicant’s DD Form 214.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 13 Dec 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2016-02181 in Executive Session on 7 Sep 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02181 was considered:

	Exhibit A.  DD Form 149, dated May 2016, w/atch.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPDP3ST, dated 25 Aug 16.
	Exhibit D.  Memorandum, AFPC/DP2STM, dated 15 Sep 16.
	Exhibit E.  Letter, AFBCMR, dated 13 Dec 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.