RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03604
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His reentry (RE) code be changed to allow him to rejoin the
military.
2. His general (under honorable conditions) discharge be upgraded
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He made a really stupid decision to drink and drive and now
cannot rejoin the military. The military presence has been very
strong in his family and he would like to make the military a
career. He submits letters of recommendation and character
references in hopes of having his RE code changed. He believes
everyone deserves a second chance. He spoke with a recruiter who
told him that if he could get his RE code changed from 2B (Separated with a general or under-other-than-honorable-
conditions (UOTHC) discharge) to 1 (Applicants Eligible for
Immediate Reenlistment), then he would be allowed to join the
Coast Guard. If he is allowed to rejoin the military, he
promises to work hard and make a difference while serving.
In support of his request, the applicant provides a personal
letter, a copy of his DD Form 214, Certificate of Release or
Discharge from Active Duty, a copy of his AF IMT 100, Request
and Authorization for Separation, copies of letters of support,
and a copy of his AF Form 910, (Enlisted Performance Report (AB
thru TSgt).
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 13 Jan 09.
His commander recommended him for discharge under the provisions
of AFPD 36-32 and AFI 36-3208, Section 5H, paragraph 5.49 for
failing to refrain from consuming alcoholic beverages while under
the legal drinking age of 21 on two occasions. He received an
Article 15 and a Letter of Reprimand for these actions. The
applicant acknowledged receipt of the discharge notification on
6 Jul 11. After a legal review of the case file, the staff judge
advocate found the case legally sufficient. The applicant was
discharged with a general (UHC) discharge on 23 Jun 11 after
serving 2 years, 5 months, and 11 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. The applicant does not provide any
proof of an error or injustice with regard to his 2C [sic] RE
code. Per the governing instructions, the applicants 2B RE
code is required based on his involuntary discharge.
The complete DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
His request should be evaluated based on how he feels about
serving in the military and how he performed while serving over
2 years in the Air Force. He rated above average, never missed a
day of work, deployed for 6 months, and received letters of
recommendation and character letters from his peers. He was
involved in his community by playing on the base softball team
and volunteering at local sporting events. He provides
documentation to show that the DUI was dismissed and would like
the findings to be considered in his request.
The applicants complete submission, with attachments, is at
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. Evidence has
not been presented in support of his appeal which would lead us
to believe that a change to his RE code is warranted. We took
notice of his complete submission in judging the merits of this
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. Additionally, with
regard to the applicants request to have his discharge upgraded,
we found no indication the actions taken to effect his discharge
were improper or contrary to the provisions of the governing
regulations in effect at the time, or the actions taken against
the applicant were based on factors other than his own
misconduct. While we note the documentation provided by the
applicant reflects the DUI charge was dismissed, we note he was
discharged for minor disciplinary infractions, which was based on
several instances of misconduct. 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 AFBCMR Docket
Number BC-2011-03604 in Executive Session on 14 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 19 Oct 11.
Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11.
Exhibit E. Letter, Applicant, undated.
Panel Chair
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