RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01177 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

His “2C” (Involuntarily separated with an honorable discharge; or 
entry level separation without characterization of service) 
reentry (RE) code be upgraded. 

 

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APPLICANT CONTENDS THAT: 

 

He would like to enlist in the Las Vegas National Guard; however, 
he believes his RE code will not allow him to join the National 
Guard. In 2004, he had his under honorable conditions (UHC) 
discharge upgraded to honorable. 

 

In support of his request, applicant provides his DD Form 214, Certificate of Release or Discharge from Active Duty. 

 

His complete submission, with attachment, is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 22 Nov 94. 
On 3 Sep 98, the applicant received an Article 15 for unlawfully 
entering the home of another person and wrongfully appropriating 
property from that person. He received a suspended reduction to 
E-3 for 6 months, forfeiture of $100 pay for 2 months, and 
30 days extra duty. On 15 Oct 98, the applicant assaulted his 
wife by pushing her with his arms; the applicant’s previously 
suspended reduction was vacated. On 1 Dec 98, the applicant’s 
commander recommended him for a UHC discharge. The base legal 
office reviewed the case and found it legally sufficient. The 
discharge authority approved the separation and directed a UHC 
discharge without probation and rehabilitation. 

 

On 18 Oct 04, the Air Force Discharge Review Board (AFDRB) 
reviewed the applicant’s discharge and concluded the discharge 
was consistent with the procedural and substantive requirements 
of the discharge regulation; however, the AFDRB further concluded 
the applicant’s overall quality of service would be more 
accurately characterized as honorable. Therefore, the AFDRB 
upgraded his discharge to honorable and corrected the code from 


“2B” (Separated with a general or under other than honorable 
conditions discharge) to a “2C”, as appropriate. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial. DPSOS states they will only 
address the applicant’s discharge and the RE codes as applied in 
his discharge and discharge upgrade. DPSOS believes that based 
on the applicant’s master personnel file, and what has been 
provided by the applicant, that it would be inappropriate to 
correct any other information other than what was corrected 
during the upgrade of his discharge. 

 

The DPSOS complete evaluation is at Exhibit B. 

 

AFPC/DPSOA recommends denial. DPSOA states that it does not make 
sense to change the applicant’s DD Form 214 when it reflects the 
correct RE code. It is noted by DPSOA, the recruiting services 
can process paperwork to waive the RE code. Also, the applicant 
does not provide any documentation to show an injustice or error 
has occurred. 

 

The DPSOA complete evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluation were forwarded to the 
applicant on 26 Sep 09 for review and comment within 30 days. As 
of this date, this office has received no response. 

 

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THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. After careful 
consideration of the applicant’s request and the available 
evidence of record, we see no evidence of an error or injustice 


that would warrant a change in his RE code. We took notice of 
his 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 and adopt their 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2009-01177 in Executive Session on 3 Nov 09, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 26 Mar 09, w/atch. 

 Exhibit B. Letter, AFPC/DPSOS, dated 10 Aug 09. 

 Exhibit C. Letter, AFPC/DPSOA, dated 12 Aug 09. 

 Exhibit D. Letter, SAF/MRBR, dated 26 Sep 09. 

 

 

 

 

 

 Panel Chair