RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01318
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2B (Separated with a general or under-
other-than-honorable-conditions (UOTHC) discharge) be changed so
that he may reenter the service.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He understands he did wrong and deserved to be punished; however,
he believes he deserves another chance to serve in the military.
He has matured since separating from the Air Force.
The applicant does not provide any supporting documentation.
His complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 27 Apr 04. He
was notified by his commander that he was recommending he be
discharged from the Air Force under the provisions of AFI 36-3208,
paragraph 5.50.2, for a Pattern of Misconduct. The specific
reasons for his action included: 1) he made false statements
regarding the whereabouts and use of his government travel card;
2) he failed to pay his debt to Bank of America Government Card
Services in the amount of $3, 416.78; 3) he failed to report for
duty and/or an appointment; 4) he failed to obey a lawful order;
and 5) he was in violation of Article 92, Uniform Code of Military
Justice (UCMJ). He received non-judicial punishment for his
actions on 15 Nov 05 with a reduction in grade to airman basic; 30
days extra duty with that portion of extra duty exceeding 7 days
suspended, and a reprimand. The applicant also received a Letter
of Counseling for failing to go to an appointment. The applicant
waived his right to counsel and his right to submit statements on
his own behalf. After a legal review, the wing staff judge
advocate found the case legally sufficient. The applicant was
discharged with a general (under honorable conditions) discharge on
6 Jan 06. He was assigned an RE code 2B (Involuntarily separated
with a general or under-other-than-honorable-conditions (UOTHC)
discharge). The applicant served 1 year, 8 months, and 10 days on
active duty.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the applicant received
the appropriate RE code due to his pattern of misconduct. If his
character of service were upgraded to honorable, his RE code would
change to 2C (Involuntarily separated with an honorable
discharge; or entry level separation without characterization of
service) which still makes him ineligible to reenlist.
The DPSOA complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 Jun 10 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 an error or injustice. Applicants
contentions are duly noted; however, we are not persuaded that the
applicant has been the victim of an error or injustice. At the
time members are separated from the Air Force, they are furnished
an RE code predicated upon the quality of their service and
circumstances of their separation. After a thorough review of the
evidence of record, we believe that given the circumstances
surrounding the applicants separation, the RE code issued was in
accordance with the appropriate directives. Therefore, we find no
basis upon which to recommend favorable action on 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-2010-01318 in Executive Session on 29 Jul 10, 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, AFPC/DPSOA, dated 20 May 10.
Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10.
Panel Chair
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