RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02654 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His reentry (RE) code 4H (Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UMCJ)) be changed. 2. His Separation Program Designator (SPD) code JBK, less than six years of service, be changed to allow him to reenter military service. _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty reflects an erroneous RE and separation code. He volunteered to separate under the DOS Rollback program. His sleep apnea was the cause of him receiving an Article 15 and an Unfavorable Information File (UIF). In support of his request, the applicant provides copies of documents extracted from his military personnel and medical records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 13 Nov 01, the applicant contracted his enlistment in the Regular Air Force. The applicant received two Article 15s, two Letters of Reprimand (LORs) and a letter of counseling for being late for work. For his misconduct his punishment consisted of reductions in rank and correctional custody. On 13 Jul 04, his suspended punishment was vacated. He was honorably discharged on 15 Sep 04 and was credited with 2 years, 10 months and 3 days of active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends changing the applicant’s RE code to 3K, due to the RE code 4H being erroneous. Although, it is unclear what was the cause for the applicant to be separated under the Rollback Program, his records supports him receiving an RE code 2X, Serving on Control Roster. The RE code 4H should have been changed once the applicant’s suspended punishment was vacated. The complete AFPC/DPSOA evaluation is at Exhibit C. AFPC/DPSOS recommends denial of the applicant’s request to change his SPD code, indicating he has not provided any evidence of an error or injustice. Based on the documentation on file in his master personnel records, the discharge to include his SPD code was consistent with the procedural and substantive requirements of the discharge manual and was within the discretion of the discharge authority. The complete AFPC/DPSOS evaluation, with attachment, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 2 Dec 11, for review and comment within 30 days (Exhibit E). 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting partial relief. The applicant is requesting his RE code and SPD code be changed to allow him to reenlist in military service. We note that the SPD code the applicant received was in accordance with the applicable regulations. Furthermore, there is no evidence to indicate the applicant’s discharge, to include the separation code, was not consistent with the procedural and substantive requirements of the discharge instruction and was not within the discretion of the discharge authority. Therefore, the Board finds no basis to warrant changing the applicant’s separation code. However, we note the comments by AFPC/DPSOA indicating the reentry code issued to the applicant in conjunction with his discharge was erroneous and recommends his reentry code be changed to reflect "3K." We concur with the recommendation and therefore recommend the applicant's records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that his Reentry (RE) Code, issued in conjunction with his release from active duty on 15 September 2004, was “3K.” _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02654 in Executive Session on 1 Mar 12, under the provisions of AFI 36-2603: , Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 2 Nov 11. Exhibit D. Letter, AFPC/DPSOA, dated 10 Nov 11. Exhibit E. Letter, SAF/MRBR, dated 2 Dec 11. Chair