RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-04097
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His separation code and reentry code be changed to allow him to enlist in
the Army.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was separated from his spouse at the time the adultery occurred and
feels that he was made an example for other airman.
The incident was the only time he was in any trouble. He previously fought
in Iraq and would like to do so again.
In support of the appeal, applicant submits a copy of his DD Form 214,
Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 December 2003, for a
period of four years.
On 10 and 18 July 2006, the commander notified the applicant of his intent
to initiate administrative discharge action against him for misconduct –
commission of a serious offense, sexual perversion. Specifically, on or
about 8 October 2005, while married to another woman, the applicant
wrongfully committed an indecent act by having sexual intercourse with a
female airman in the presence of a male airman, as evidenced by the Article
15 imposed on 27 June 2006. After being advised of his rights, the
applicant submitted his personal statement in his behalf. The proposed
action was found legally sufficient and was approved by the discharge
authority.
On 21 July 2006, he was discharged under honorable conditions (general)
under the provisions of AFI 36-3208 (Misconduct), Separation Code JKL, and
issued a reentry code of 2B. He completed 2 years, 6 months, and 20 days
of active service.
On 8 December 2008, AFPC/DPSOA advised the applicant that although the
Reentry Code of 2B he was issued upon his discharge rendered him ineligible
for immediate reenlistment in the Air Force, it could be waived by another
service’s enlisting component and that he should contact an Army recruiter.
________________________________________________________________
AIR FORCE EVALUATIONS:
AFPC/DPSOS recommends denial of the applicant’s request to change his
separation code and states, in part, the discharge was consistent with the
procedural and substantive requirements of the discharge instruction and
was within the discretion of the discharge authority. Further, the
discharge authority was aware of the applicant’s service record, to include
his deployment to a combat zone, when approving his service
characterization.
The AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicant’s request to change his
reentry code and states, in part, there is no evidence of an error or an
injustice. The reentry code assigned at the time of his discharge
accurately reflects that he received a general (under honorable conditions)
discharge.
The AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 20
March 2009 for review and comments, within 30 days. However, 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 error or injustice. 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 and adopt their rationale as the basis for our conclusion
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2008-
04097 in Executive Session on 14 May 2009, under the provisions of AFI 36-
2603:
Mr. Anthony P. Reardon, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Nov 08, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOS, dated 19 Feb 09.
Exhibit D. Memorandum, AFPC/DPSOA, dated 26 Feb 09.
Exhibit E. Letter, SAF/MRBR, dated 20 Mar 09.
ANTHONY P. REARDON
Panel Chair
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