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
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 2C (Involuntarily separated with an honorable discharge; or
entry level separation without characterization of service)
reentry (RE) code be upgraded.
_________________________________________________________________
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.
_________________________________________________________________
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 applicants previously
suspended reduction was vacated. On 1 Dec 98, the applicants
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 applicants discharge and concluded the discharge
was consistent with the procedural and substantive requirements
of the discharge regulation; however, the AFDRB further concluded
the applicants 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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states they will only
address the applicants discharge and the RE codes as applied in
his discharge and discharge upgrade. DPSOS believes that based
on the applicants 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 applicants 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.
_________________________________________________________________
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.
_________________________________________________________________
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 applicants 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
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