RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-02005 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code 4D, Grade is SrA/E-4, completed at least 7 years 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, be changed to an RE code that will allow him to reenter the military. APPLICANT CONTENDS THAT: He made a poor decision that resulted in his being discharged with a 4D RE code. Since he transferred to the Arizona Air National Guard (AZANG) over a year ago, he has been promoted to staff sergeant, finished his CCAF requirements, and received a Distinguished Graduate award during tech school when he retrained. He has worked hard to remain an asset to the Air Force and wants to get back in the Regular Air Force, but the 4D RE code will not allow him to do so. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 13 Apr 04. On 22 Dec 11, the applicant was arrested for Driving Under the Influence (DUI) of alcohol. On 18 Apr 12, the applicant received a Letter of Reprimand (LOR), an Unfavorable Information File (UIF) was established, placed on the Control Roster, and administratively demoted to the grade of senior airman (SrA) (E-4). The specific reasons for the demotion action were: 1.) 22 Dec 11 arrest for DUI, 2.) His behavior, in accordance with AFI 36-2618, The Enlisted Force Structure, failed to fulfill noncommissioned officer responsibilities, 3.) His actions and behavior detracted from mission accomplishment, diminished motivation, and eroded a positive culture for the entire squadron. On 23 Apr 12, the applicant responded to the LOR, UIF, Control Roster, and Administrative demotion. He apologized for his behavior, acknowledging it was selfish and absolutely wrong. He requested his background and duty performance be taken into consideration; his Enlisted Performance Reports (EPRs) had been all outstanding except for one “overall 4 rating,” and he was still respected as a leader in his shop. On 18 Apr 12, the applicants commander reviewed his response, and recommended he be administratively demoted to E-4. On 3 May 12, the 355 FW/JA reviewed the demotion case file and determined the demotion action was legally sufficient. On 10 May 12, the 355 MSG/CC approved the applicant’s demotion to E-4, with a date of rank (DOR) and effective date of 10 May 12. On 28 Jun 12, the applicant received a referral EPR. It contained comments/ratings of “Does Not Meet” in Section III, Block 2, and comments pertaining to his failure to obey regulations. On 31 Dec 13, the applicant was furnished an honorable discharge, and was credited with nine years, eight months, and seventeen days of active service. On 8 Apr 14, the applicant enlisted in the AZANG, in the grade of SrA (E-4). On 30 Apr 15, according to documentation provided by the applicant he was promoted to the grade of staff sergeant (SSgt) (E-5). 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: AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. The applicant was demoted from staff sergeant (E-5) to senior airman (E-4) on 18 Apr 12 for driving under the influence (DUI) of alcohol. When he separated 31 Dec 13, he had 9 years and 8 months in service, so his RE code was 4D--(Grade is SrA/E-4, completed at least 9 years TAFMS, but fewer than 16 years TAFMS, and has not been selected for promotion to SSgt/E-5). He was authorized severance pay because he was not eligible to stay in the AF based on his time in service and current grade. His RE code 4D is correct based on his being in the grade of SrA and having over 9 but fewer than 16 years of service. If the decision is to grant relief, recommend the Board direct applicant’s RE code be corrected to reflect 3K--(Reserved for use by HQ AFPC or the AFBCMR when no other RE code applies or is appropriate). A complete copy of the AFPC/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 31 Jul 15, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an injustice. While we note the comments of AFPC/DPSOA relief should be denied because the applicant’s RE code 4D is correct based on him being in the grade of SrA and having over 9 but fewer than 16 years of service; the preponderance of evidence convinces us that corrective action is warranted. In this respect, we determined that his AZANG exemplary job performance, self-improvement efforts/successes, and positive endorsements by his AZANG unit’s leadership, should afford him an RE code permitting reenlistment into the Regular Air Force. Therefore, we 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 he was issued a Re-entry (RE) code of “3K” (Reserved for use by AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate) on 31 December 2013. The following members of the Board considered AFBCMR Docket Number BC-2015-02005 in Executive Session on 10 Dec 15 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02005 was considered: Exhibit A.  DD Form 149, dated 12 May 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPSOA, dated 15 Jun 15. Exhibit D.  Letter, SAF/MRBR, dated 31 Jul 15.