RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01317
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2B, which denotes separated with a
general or under other than honorable conditions discharge be
changed to a favorable code which will allow him enlistment in
the U.S. Army.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He made mistakes in his last enlistment which resulted in his
discharge.
He would like to once again serve his country.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 Dec 08, the applicant entered the Regular Air Force.
On 20 Jul 09, the applicant was notified of pending discharge
action. Specifically, the commander cited minor disciplinary
infractions as the basis for discharge. The applicant
acknowledged receipt of the notification, consulted counsel as
directed, and submitted statements in his own behalf.
The applicants misconduct included an Article 15, Uniform Code
of Military Justice, for disobeying a lawful order, two Letters
of Reprimand for failing to complete his homework and refraining
from carrying a cell phone while in uniform, possessing tobacco
products in the dormitory, horse-playing in the schoolhouse
corridors with another airman, failing to remain on station
while in Phase I, and making a false official statement.
On 31 Jul 09, the staff judge advocate found the discharge
legally sufficient; however, his recommendation to the discharge
authority was to consider retaining the applicant or offer him a
period of probation and rehabilitation based on the significant
investment the Air Force had in the applicant. The discharge
authority found the applicant unsuitable for further military
service and probation and rehabilitation was unwarranted because
of his pattern of minor disciplinary infractions.
On 4 Aug 09, the applicant was discharged with a general (under
honorable conditions) discharge with the narrative reason of
Misconduct Minor Infractions and the RE code 2B. He was
credited with 7 months and 26 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states that based on the
documentation on file in the master personnel records, the
discharge, to include his characterization of service and RE
code, was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority.
The complete HQ AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states the applicants RE
code of 2B is required based on his involuntary discharge with
a general (under honorable conditions) discharge. Further, the
applicant did not provide any evidence of an error or injustice
to warrant a change in his character of service.
The complete HQ 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 29 Oct 10 for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
response.
_________________________________________________________________
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 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 Docket Number
BC-2010-01317 in Executive Session on 5 January 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Apr 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 17 Sep 10.
Exhibit D. Letter, HQ AFPC/DPSOA, dated 30 Sep 10
Exhibit E. Letter, SAF/MRBR, dated 29 Oct 10.
Panel Chair
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