RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03281 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “4H” (serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ)) be changed to allow him to join the Air Force Reserves. _________________________________________________________________ APPLICANT CONTENDS THAT: He was told at the time of his separation that after 12 months he would be allowed to join the Reserves or Air National Guard. The evidence submitted in support of the applicant’s appeal is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 19 February 1981 through 9 December 1985 before transferring to the Arizona Air National Guard (ANG). He served in the ANG from 10 December 1985 to 11 May 1986. On 12 May 1986 he reentered the Regular Air Force for a period of four years. He was progressively promoted to the grade of staff sergeant (E-5) over the course of his military career. On 17 August 1989, the applicant received Article 15 punishment for failure to obey a lawful order and for drunk and disorderly conduct. His punishment consisted of reduction to the grade of sergeant (E-4), and forfeiture of $200 per month for one month. That portion of his punishment regarding reduction in grade was suspended until 17 February 1990. On 24 January 1990, the applicant was discharged with an honorable character of service under the “Early Separation Program – Strength Reduction” after serving 3 years,8 months, and 13 days on active duty. Because he was serving a suspended punishment that would not have expired until 17 February 1990, he received an RE code of “4H.” The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states a review of the applicant’s record revealed his RE code of “4H” is correct based on serving a suspended punishment pursuant to Article 15 at the time of discharge. A member’s DD Form 214 is a snapshot of a member’s achievements and status at the time of separation and is not changed or updated as circumstances change after their separation or discharge is executed. The RE code that applies at the time of separation or discharge is the appropriate RE code. DPSOA states the applicant did not provide any evidence of an error or injustice. The RE code “4H” is the only RE code applicable for members serving a suspended Article 15 punishment. DPSOA indicates that each component determines their reentry eligibility requirements for prior service personnel; to include which eligibility factors that can and cannot be waived. The Air Force has no control over other components eligibility requirements. A complete copy of the DPSOA 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 27 November 2010, for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; 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 an 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 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 relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2010-03281 in Executive Session on 7 June 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered for AFBCMR Docket Number BC-2010-03281: Exhibit A. DD Form 149, dated 25 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 27 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 27 Nov 10.