RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04950 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His reenlistment (RE) code of 3K (Reserved by use of HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate) be changed. 2. His separation (SPD) code of JBK (Expiration of Term of Service) be changed (administratively corrected). 3. His rank be corrected to reflect Airman First Class (A1C). APPLICANT CONTENDS THAT: He was on a suspended bust and his rank of Airman First Class (A1C), (E-3) was reinstated. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 18 Sep 12. On 15 Nov 13, the applicant received an Article 15 for uttering indecent language to a Senior Airman (SrA) and A1C, which was prejudiced to good order and discipline, and being derelict in the performance of his duties in that he willfully failed to refrain from creating a hostile work environment by making sexual disparaging comments to a female SrA. The punishment consisted of a reduction to Airman Basic (AB), (E-1), with reduction below Airman (Amn), (E-2) suspended through 14 May 14. The new date of rank (DOR) for Amn (E-2) was 15 Nov 13. On 26 Aug 14, the applicant received an Article 15 for refusing to provide breath and blood samples to Security Forces (Article 92, failure to obey order or regulation, Uniform Code of Military Justice (UCMJ)), failing to refrain from consuming alcohol while under the age of twenty-one, operating a vehicle while drunk, and possessing open alcoholic beverage containers in his vehicle. His punishment consisted of a reduction to AB with a new DOR of 26 Aug 14, forfeiture of $765 pay for two months (suspended through 29 Sep 14), and a reprimand. On 29 Sep 14, the applicant was discharged with an honorable characterization of service and was credited with 2 years and 12 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 (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. The applicant was discharged on 29 Sep 14 under the FY14 Quality Force Review Board (QFRB) program. The RE code of 3K is currently the only re code that applies to Airmen being separated under the QFRB. The applicant was notified by memorandum 5 Jun 14 he was non-selected for retention by the QFRB and that his RE code would be 3K (Reserved for use by HQ AFPC or AFB for Correction of Military Records when no other reenlistment eligibility code applies). The applicant acknowledged his non-selection and information provided on 6 Jun 14 by signing the 1st Endorsement. The QFRB guidance (PSDM 14-46 dated 27 May 14) Fact Sheet (Attachment 7) paragraph 9 states the RE code on the DD Form 214 will reflect 3K unless a higher priority RE code applies. AFPC/DPSOR has identified errors and appropriate corrections for applicant’s DD Form 214 in reference to his separation code, Military Service Obligation, transfer to the USAFR, and narrative reason for separation. These corrections are all in line with the QFRB guidance and do not affect the applicant’s RE code 3K. A complete copy of the AFPC/DPSOA evaluation is at Exhibit C. AFPC/DPSOE recommends denial indicating there is no evidence of an error or an injustice. The applicant contends he was serving a suspended reduction until 15 Sep 14 and his rank of A1C should have been reflected on his DD Form 214. The only portion of his 15 Nov 13 Nonjudicial Punishment (NJP) that was suspended was the reduction to AB. He ultimately received a hard bust to Amn. The only portion of his 26 Aug 14 NJP that was suspended was the forfeiture of pay. On 15 Sep 14, the commander reconsidered the charges and decided to withdraw the Article 92, UCMJ specification and reassessed the punishment imposed. The commander concluded the original punishment was appropriate for the remaining offenses. The applicant was honorably discharged in the rank of AB (E-1) on 29 Sep 14. The applicant’s DD Form 214 contains an error in block 12i (effective date of pay grade). It currently reflects 15 Nov 13 (which was the effective date of his reduction to Amn from his first NJP and should reflect 26 Aug 14 (which was his new DOR to AB from his second NJP). A complete copy of the AFPC/DPSOE evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 1 Jul 15, 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with regard to the applicant’s request to change his reentry (RE) code and correct his rank on his DD Form 214, Certificate of Release or Discharge from Active Duty. 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 that relief beyond that already granted administratively is not warranted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-04950 in Executive Session on 8 Sep 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04950 was considered: Exhibit A. DD Form 149, dated 2 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOA, dated 12 Feb 15. Exhibit D. Memorandum, AFPC/DPSOE, dated 25 Feb 15. Exhibit E. Letter, SAF/MRBR, dated 1 Jul 15. 1 2