RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02996
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C, which denotes Involuntarily
separated with an honorable discharge; or entry level separation
without characterization of service, be changed to 1A, which
denotes ineligible to reenlist, but condition waived.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was given a general (under honorable conditions)
discharge; however he appealed to the Air Force Discharge Review
Board (AFDRB) to upgrade his character of service to honorable,
to change his narrative reason for separation and reentry (RE)
code.
2. The AFDRB upgraded his character of service and changed his
narrative reason for separation; however, they denied the
request to change his RE code. Since his discharge was
upgraded, he should be eligible to reenlist in any branch of the
armed services.
3. He has obtained a Bachelors degree, so he can be a better
asset to the branch he chooses.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and a memorandum.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 Oct 04, the applicant enlisted in the Regular Air Force.
On 18 Jun 05, the applicant was notified of his commanders
intent to recommend that 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, paragraph
5.52.3, Other Serious Offenses. The applicant acknowledged
receipt of the notification of discharge, waived his option to
consult counsel and his right to submit a statement on his own
behalf.
The specific reason for this action was: Between on or about
4 Mar 05 and on or about 28 Mar 05, the applicant reconstructed
the National Registry of Emergency Medical Technicians test from
his memory or the memory of others. For this misconduct, he
received non-judicial (NJP) under Article 15, Uniform Code of
Military Justice (UCMJ); forfeiture of $728 pay per month for
two months; seven days extra duty suspended until 6 Dec 05,
after which time it would have been remitted without further
action unless sooner vacated; and a reprimand.
On 19 Jul 05, the case file was reviewed and determined to be
legally sufficient to support separation. The Deputy Staff
Judge Advocate recommended to the 882 Training Group Commander
the applicant be discharged and issued a general (under
honorable conditions) discharge without probation and
rehabilitation. On 20 Jul 05, the discharge authority approved
the applicants discharge. On 21 Jul 05, the applicant was
discharged from the Air Force with a general (under honorable
conditions) discharge in the grade of airman first class. He
served 9 months and 10 days of total active service.
On 19 Feb 07, the applicant filed an appeal to the AFDRB to
upgrade his character of service to honorable, to change the
narrative reason for separation and reentry code.
On 13 Dec 07, the applicant appeared and testified before the
AFDRB with counsel. The Board concluded that while the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation, the discharge action
was too harsh in light of the surrounding circumstances. In
view of the foregoing findings, the Board concluded the
characterization of the applicants discharge was more
accurately described as honorable. The applicants
characterization was changed to honorable and the reason for
discharge waschanged to Secretarial Authority. However, the
Board concluded the applicants RE code should remain unchanged.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOA recommends denial. Although the AFDRB denied the
applicant a reenlistment eligible RE code, his RE code was
changed to 2C, Involuntarily separated with an honorable
discharge; or entry level separation without characterization of
service based on his new character of service to honorable.
The applicants RE code 2C is required per AFI 36-2606, Reenlistments in the United States Air Force, chapter 3, based
on his involuntary discharge with an honorable character of
service. The applicant does not provide any evidence of an
error or injustice, but states If I was awarded an honorable
discharge then why cannot I be eligible to reenlist in any
branch but the Army? The applicant seems to believe an
honorable character of service means a member should be
reenlistment eligible, which is not the case.
The complete DPSOA 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 5 Oct 11 for review and comment within 30 days
(Exhibit D). 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 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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
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.
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-2011-02996 in Executive Session on 29 Mar 12, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFPC/DPSOA, Letter, dated 5 Oct 11.
Exhibit D. SAF/MRBR, Letter, dated 29 Oct 11.
Panel Chair
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