RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00628
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Reentry (RE) code of 2B (Separated with a general or
under other than honorable conditions (UOTHC) discharge) be
changed to 3A (First term airman who separates before completing
36 months (60 months for a 6-year enlistee) on current enlistment
and who has no known disqualifying factors or ineligibility
conditions except grade, skill level and insufficient TAFMS).
2. His Narrative Reason for Separation of Alcohol Rehabilitation
Failure be removed or changed to Failure to Adapt.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a young, arrogant and foolish kid when he enlisted. He
destroyed the best part of his life when he was separated from
military service. His discharge was processed without his input
or acknowledgement. His DD Form 214, Certificate of Release or
Discharge From Active Duty was inaccurate, with terms that were
different than what was explained to him at the time of his
discharge.
In support of his appeal, the applicant provides a copy of his
DD Form 214.
Applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 Jun 02, the applicant contracted his enlistment in the Air
Force. He was progressively promoted to the grade of airman
first class, having assumed the grade effective and with a date
of rank of 18 Oct 03. He was demoted to airman basic on
13 Nov 03.
On 13 Nov 03, the applicant received an Article 15 for theft of
automobile stereo equipment with a value of $380.00. His
punishment consisted of a reduction to airman basic, restriction
to the base for 30 days, 15 days of extra duty and a reprimand.
The applicant was discharged on 24 Dec 03, with a general
discharge. He served one year, six months and seven days of
active service.
The applicant appealed to the Air Force Discharge Review Board
(AFDRB), requesting his general discharge be upgraded and his RE
code be changed. On 8 Mar 07, the AFDRB considered and denied
his requests.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states there is insufficient
evidence in the applicants military record pertaining to his
discharge. DPSOS furthers states that absent the documentation,
there is a presumption of regularity in which the applicant was
afforded due process and the discharge was consistent with
procedural and substantive requirements of the discharge
instruction.
The complete AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states the RE code the
applicant received accurately reflects the general discharge he
received and is the only authorized RE code for members receiving
a general discharge.
The complete AFPC/DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 21 Aug 09 for review and comment within 30 days. 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 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 an error or an injustice. While the
applicant contends his narrative reason for separation is
incorrect and he was assigned the wrong RE code, he has provided
no evidence to support his contentions. Additionally, there is
insufficient evidence in his personnel records to confirm the
circumstances of his discharge. Based on the presumption of
regularity in the conduct of governmental affairs and without
evidence to the contrary, we must assume that the applicants
narrative reason for separation and RE code were proper and in
compliance with appropriate directives. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2009-00628 in Executive Session on 15 Apr 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 09, w/atch.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 7 Jul 09.
Exhibit D. Letter, HQ AFPC/DPSOA, dated 28 Jul 09.
Exhibit E. Letter, SAF/MRBR, dated 21 Aug 09.
Panel Chair
AF | BCMR | CY2010 | BC-2009-00516
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00516 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code 2C-Involuntarily separated with an honorable discharge; or entry level separation without service characterization be changed to allow him to enlist in the National Guard. The HQ AFPC/DPSOA complete evaluation is at Exhibit...
AF | BCMR | CY2009 | BC-2009-01015
On 6 Apr 06, the AFDRB considered the applicant’s 1 Nov 05 request to upgrade his discharge to honorable, and to change his RE code and reason and authority for his discharge. He reemphasizes his desire to get his RE code changed so he may pursue a commission with the XX ANG and indicates the AFDRB decision to upgrade his discharge without changing his RE code neglects the true purpose for his original request, to serve once again. Exhibit C. Letter, AFPC/DPSOA, dated 27 Apr 09.
AF | BCMR | CY2011 | BC-2011-02466
On 14 Dec 05, the applicant was notified of his commanders intent to recommend he be discharged from the Air Force under the provisions of AFPD 36-32, Air Force Military Training and AFI 36-3208, Administrative Separation of Airmen, for Misconduct: Minor Disciplinary Infractions. On 7 Dec 10, the Air Force Discharge Review Board (AFDRB) denied the applicants request for upgrade of his general (under honorable conditions) discharge to honorable. RE Code 2B, is required per AFI 36-2606,...
AF | BCMR | CY2010 | BC-2010-00703
As a result, on 6 Sep 01, she was convicted by court martial for wrongful use of marijuana and wrongful introduction of marijuana onto base with the intent to distribute. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate office of the Air Force at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends...
AF | BCMR | CY2010 | BC-2009-01103
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOA recommends denial. The applicant’s DD Form 214 is correct and she has not provided any evidence of an error or injustice to warrant the requested changes to her discharge...
AF | BCMR | CY2009 | BC-2009-01177
DPSOA states that it does not make sense to change the applicants DD Form 214 when it reflects the correct RE code. As of this date, this office has received no response. _________________________________________________________________ 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...
AF | BCMR | CY2009 | BC 2009 01177
DPSOA states that it does not make sense to change the applicants DD Form 214 when it reflects the correct RE code. As of this date, this office has received no response. _________________________________________________________________ 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...
AF | BCMR | CY2008 | BC-2007-02717
_________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force Discharge Review Board (AFDRB) upgraded his service characterization to honorable, but it was not reflected on his RE code, which he needs changed to enter the Air National Guard (ANG). The applicant has not provided any facts to warrant a change to his discharge or RE code. Exhibit F. Letter, Applicant, not dated.
AF | BCMR | CY2010 | BC-2009-01076
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01076 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment (RE) code 2X, first-term, second term or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP) be changed to a 1J, Eligible to reenlist but elects separation to allow him...
AF | BCMR | CY2010 | BC 2009 01076
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01076 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment (RE) code 2X, first-term, second term or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP) be changed to a 1J, Eligible to reenlist but elects separation to allow him...