RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00677

XXXXXXXXXX	COUNSEL: NONE	

 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her 2B reentry code  be changed to permit reenlistment.

APPLICANT’S CONTENTIONS

She was not aware what her reentry code meant when she separated from the Air Force 19 years ago.  Had she known, she would have fought to stay in.  She made mistakes in her earlier years, but she is not the same person.  Being separated from the Air Force has been a disappointment to her for a very long time.  Over the years, she has learned new skills that she feels would make her an asset to the military.  She wants to prove to herself and the military that she is worthy of this privilege.
 
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic (E-1).

On 10 Oct 02, according to AF Form 3070, Record of Nonjudicial Punishment Proceedings, the applicant’s commander notified her of his intent to impose nonjudicial punishment, under Article 15, Uniform Code of Military Justice (UCMJ).  The reasons for the action was on or about 19 Sep 02, without authority, she failed to go to her appointed place of duty, in violation of Article 86, UCMJ and was derelict when she operated a motor vehicle with a suspended license, in violation of 92, UCMJ. The applicant was reduced in grade from E-4 to E-3, with a new date of rank of 21 Oct 02, and received 30 days extra duty.

On 17 Jun 03, according to AF Form 3070, the applicant’s commander notified her of his intent to impose nonjudicial punishment, under Article 15, UCMJ.  The reasons for the action was on 24 May 03, the applicant failed to refrain from consuming alcohol while on call to drive an ambulance and failed to maintain possession of the on call beeper, in violation of Article 92, (UCMJ). She was reduced in grade from E-3 to E-1 with a new date of rank of 26 Jun 03, forfeiture of $575 per month for two months, and 45 days extra duty.

On 28 Jul 03, according to DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was discharged in the grade of E-1, with a general (under honorable conditions) discharge for misconduct.  Her reentry code is 2B and she was credited with 6 years, 4 months, and 24 days of service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  The applicant’s reentry code is based on her involuntary discharge with a general character of service.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 25 Jul 22, for comment (Exhibit D) but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  It is clear the decision to separate the applicant was proper based on the circumstances surrounding her separation. The applicant has provided no evidence showing her assigned reentry code is in error. Therefore, the Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2022-00677 in Executive Session on 20 Oct 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 24 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSM, dated 16 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 Jul 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.