RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00712
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry code of 2B (separated with a general or under other
than honorable conditions (UOTHC) discharge) be changed to a
1 series reentry code in order to reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for hardship reasons. While in the service he
did his job to the best of his ability. If he has the
opportunity to reenlist, he will honorably serve his country.
In support of his request, the applicant provides a personal
statement and documents extracted from his military personnel
records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 April 2000.
On 15 April 2002, the applicant was notified by his commander of
her intent to recommend that he be discharged from the Air Force
under the provisions of AFPD 36-32 and AFI 36-3208, paragraph
5.49. The specific reasons are as follows:
a. Between on or about 11 July 2001 and 5 February 2002, the
applicant failed to go at the time prescribed to his appointed
place of duty, failed to use his chain of command, and was
derelict in the performance of his duties. For these offenses he
received five (5) Records of Individual Counseling (LOCs).
b. Between on or about 12 November 2001 and 9 April 2002,
the applicant failed to go to his appointed place of duty. For
these offenses, he received two Letters of Reprimand (LORs).
c. Between 3 December 2001 and 29 December 2001, the
applicant failed to obey a No Contact Order. For this offense,
he received an Article 15.
He was advised of his rights in this matter and acknowledged
receipt of the notification. The applicant waived his right to
consult with counsel and elected not to submit statements in his
own behalf.
In a legal review of the case file, the deputy staff judge
advocate found the case legally sufficient and recommended
discharge. On 24 April 2002, the discharge authority concurred
with the recommendations and directed a general discharge. The
applicant was discharged on 29 April 2002. He served 2 years and
18 days on active duty.
_________________________________________________________________
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 injustice. After a
thorough review of the evidence of record, it is our opinion that
given the circumstances surrounding his separation from the Air
Force, the RE code assigned was proper and in compliance with the
appropriate instructions. In addition, the applicant has not
provided any evidence which would lead us to believe that a
change to his RE code to allow him to reenlist is warranted.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2010-00712 in Executive Session on 2 December 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00712 was considered:
Exhibit A. DD Form 149, dated 5 February 2010, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Panel Chair
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