RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00408
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 (UOTHC)
discharge be changed to 2C Involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service to allow him reentry into the
military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, reflects RE code 2B, this code states that he has been
discharged under general or other than honorable conditions
(UOTHC). He is unable to reenlist into a sister branch because
of the unfavorable UOTHC correlation that is attached to this
code.
He was told by recruiters that he could enlist as long as his RE
code is changed.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 Jan 09, the applicant enlisted in the Regular Air Force for
a period of six years.
On 10 Jun 10, the applicant was notified by his squadron
commander that he was recommending his discharge from the Air
Force for misconduct (specifically for drug abuse). The reasons
for the proposed action were: 1) The applicant was convicted by
a summary court martial for wrongfully using marijuana on divers
occasions between on or about (o/a) 1 Jan 10 and o/a 31 Jan 10;
and 2) The applicant received an Article 15, for disobeying a
lawful order for wrongfully using Spice, an herbal mixture, for
the purpose of altering his mood or function.
On 10 Jun 10, the applicant acknowledged receipt of the
notification of discharge and after consulting with legal
counsel, submitted a response through his counsel.
On 18 Jun 10, the base legal office found the case legally
sufficient to support the separation, and on 21 Jun 10, the
discharge authority directed a general (under honorable
conditions) discharge without probation and rehabilitation.
On 30 Jun 10, the applicant was discharged by reason of
misconduct (drug abuse), and issued an RE code of 2B. He served
on active duty for a period of one year, five months, and four
days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states the applicants
record shows the applicant was counseled on numerous occasions
for his behavior and afforded an opportunity to overcome his
deficiencies.
DPSOS states based on the documentation on file in the master
personnel records, the discharge, to include the service
characterization, was consistent with the procedural and
substantive requirements of the discharge instruction and was
within the discretion of the discharge authority. The applicant
provided no evidence of an error or injustice in the processing
of his discharge.
AFPC/DPSOA recommends denial. DPSOA states the applicants RE
code (2B) is correct based on his involuntary discharge with a
general (under honorable conditions) character of service. The
applicant has provided no proof of an error or injustice in
reference to his RE code.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 May 11, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received (Exhibit E).
_________________________________________________________________
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 that 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-2011-00408 in Executive Session on 21 Jul 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Nov 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 29 Apr 11.
Exhibit D. Letter, AFPC/DPSOA, dated 17 May 11.
Exhibit E. Letter, SAF/MRBR, dated 27 May 11.
Panel Chair
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