RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02425 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. His Article 15, nonjudicial punishment be removed from his record. 2. His demotion from the grade of Staff Sergeant (SSgt) to Senior Airman (SrA) be set aside. 3. His reenlistment eligibility (RE) code of 4H (Serving suspended punishment pursuant to Article 15, Uniform Code of Military Justice (UCMJ), be corrected on his DD 214, Certificate of Release or Discharge from Active Duty. APPLICANT CONTENDS THAT: He was unjustly discharged after over 10 years of service. He was a good Airman and never broke any rules. After being stationed at Beale AFB, he found nothing but problems for him and his family. He had issues with his landlord which were not handled correctly and led to his supervisor finding him to be in financial hardship. The actions taken against him were unfair and extreme and he would like a second chance at his military career. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 27 Mar 01. On 2 Aug 11, the applicant’s commander offered him nonjudicial punishment for failure to go and disobeying a direct order. On 4 Aug 11, after consulting with counsel, the applicant accepted the Article 15 punishment which consisted of reduction from the grade of SSgt to SrA, forfeiture of $500 pay, suspended through 3 Feb 12, and a reprimand. On 9 Aug 11, the applicant was advised of his rights and privileges regarding his Article 15, elected not to appeal the decision and acknowledged the unfavorable information file (UIF) action. On an unspecified date in Aug 2011, the applicant applied for separation based on his High Year of Tenure (HYT) date of 1 Dec 12, inability to test for promotion, and financial hardship. On 2 Sep 11, the applicant’s separation request was approved for 1 Nov 11, the date that he requested. On 1 Nov 11, the applicant was furnished an honorable discharge, and was credited with 10 years, 7 months, and 5 days of active service. 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: AFLOA/JAJM recommends denial indicating there is no evidence of an error or an injustice. A review of the available documentation indicates that the applicant’s rights were observed throughout the process. On 2 Aug 11, the applicant’s commander offered him nonjudicial punishment proceedings for failure to report to duty, in violation of Article 89, UCMJ, and willfully disobeying an order, in violation of Article 91. After consulting with a lawyer, he accepted punishment and submitted a written presentation. After considering the evidence and the applicant’s submission, the commander found the applicant committed the alleged misconduct. The applicant waived his right to appeal. There is no evidence of an error or injustice or an injustice pertaining to the Article 15 process. A complete copy of the AFLOA/JAJM evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code. The applicant received an Article 15 and was given RE code 4H - “Serving suspended punishment pursuant to Article 15, UCMJ,” based on serving a suspended punishment that did not expire until 3 Feb 12. The applicant had to separate by his HYT date of 1 Dec 12, and could not stay in the Air Force. However, he applied to separate on 1 Nov 11, using the fact that he could not stay in the AF past Dec 2012 as the justification. The applicant was still serving the Article 15 suspended punishment when he separated so the RE code 4H remained on his record. Had he remained in the AF until the 4H expired, his RE code would have been changed to 4D - “Grade is SrA/E-4, completed at least 7 years Total Active Federal Military Service (TAFMS), but fewer than 16 years TAFMS and has not been selected for promotion to SSgt/E-5; or grade is SSgt/E-5, completed at least 14 years TAFMS, but fewer than 16 years TAFMS and has not been selected for promotion to TSgt/E-6,” unless the commander determined a higher priority (negatively) RE code applied. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D AFPC/DPSOE recommends denial of the applicant’s request to restore his rank, indicating there is no evidence of an error or an injustice. Based on AFLOA/JAJM’s decision, that no legal errors were found in the nonjudicial process, denial is recommended. A complete copy of the AFPC/DPSOE evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 27 Oct 14 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 opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-02425 in Executive Session on 25 Mar 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02425 was considered: Exhibit A. DD Form 149, dated 12 Jun 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFLOA/JAJM, dated 17 Jul 14. Exhibit D. Memorandum, AFPC/DPSOA, dated 30 Jul 14. Exhibit E. Memorandum, AFPC/DPSOE, dated 18 Aug 14. Exhibit F. Letter, SAF/MRBR, dated 27 Oct 14.