RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-05020

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

1.  The date of entry on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to 29 Dec 03 rather than 21 Jul 08 [will be administratively corrected].

2.  His Reentry (RE) Code be changed to allow him to re-enter military service.

3.  His 8 Apr 10 non-judicial punishment (NJP) action, under Article 15 of the Uniform Code of Military Justice, be removed from his record.

APPLICANT CONTENDS THAT:

His ineligibility to reenlist was based on his commander forcing him sign the NJP for not taking the H1N1 vaccine.  He wants his RE code changed to reflect he is eligible to reenlist.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman (E-4) who had been enrolled at the United States Air Force Academy from 28 Jun 07 to 20 Jul 08.  On 30 Mar 10, the applicant was notified of his commander’s intent to impose NJP for one charge and specification of failing to obey a lawful order.  The applicant accepted the NJP, consulted with an attorney, presented written matters in his defense, and requested a personal appearance before his commander.  After considering all matters, the commander upheld the NJP and imposed punishment of a reduction in grade to E-3 and a reprimand. The applicant did not appeal.

On 28 Jul 10, he received an honorable discharge with a narrative reason for separation of completion of required active service and an RE Code 4E.  He received credit for 2 years and 8 days of current active service and 4 years, 5 months, and 22 days of prior active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit C, D and F.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the applicant’s request for an RE code change, noting there is no evidence of an error or injustice.  The applicant received an RE code of 4E due to his being a second-term Airman in the grade of airman first class.  The applicant is considered a second-term Airman because of his prior active service.  The complete advisory is at Exhibit C.

AFPC/DP2LT indicates the applicant’s service dates will be corrected as requested.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 8 Dec 17 for comment (Exhibit E), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

AF/JAJM recommends against removing the NJP, noting there is no evidence of an error or injustice.  Applicant’s NJP was for refusing to receive an H1N1 vaccination after being ordered by his commander to do so and receiving the opportunity to discuss his concerns.  The applicant cited a class action lawsuit over incidents of narcolepsy in children in Europe for a vaccine not used in the United States.  The applicant has not shown the relevance of this suit to his NJP.  In sum, AF/JAJM found no evidence to suggest that the applicant’s NJP was unsupported in law or fact.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 18 Apr 18 for comment (Exhibit G), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationales and recommendations of AFPC/DP2SSM and AF/JAJM.  The Board finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records, apart from the service date correction already identified for administrative correction by AFPC/DP2LT.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-05020 in Executive Session on 16 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 12 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 11 Oct 17.
Exhibit D:	Advisory opinion, AFPC/DP2LT, w/atchs, dated 7 Nov 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 8 Dec 17.
Exhibit F:	Advisory opinion, AFLO/JAJM, dated 18 Jan 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 18 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.