AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01202
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code 4H (serving suspended punishment pursuant
to Article 15) be changed to allow him to enter the Army
National Guard.
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his RE code is unjust because his AF Form 100,
Request and Authorization for Separation, shows his RE code as
2B (separated with a general or under than honorable conditions
discharge). He believes he should be allowed to serve his
country again since his mistake was an isolated incident and not
a pattern of misconduct. He is in the process of enrolling in a
technical college for law enforcement and would like nothing
more than to serve his community and country.
In support of his appeal, the applicant provides his DD Form
214, Certificate of Release or Discharge from Active Duty and
his AF Form 100.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 March 2006.
On 15 November 2007, he was notified of his commander’s intent
to discharge him from the Air Force for misconduct – drug abuse.
Specifically, the applicant wrongfully used marijuana. The
applicant acknowledged his right to counsel and submit matters
on his behalf: which he did. On 3 December 2007, the commander
directed the applicant be separated with a general (under
honorable conditions) discharge. He was credited with 1 year,
9 months and 5 days of active duty service and his RE code was
listed as 4H.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. The applicant was involuntarily
separated for misconduct – drug abuse. He received an erroneous
RE code of 4H; his correct RE code is 2B. The applicant’s
discharge was a result of his own actions and requires RE code
2B per AFI 36-2606, Reenlistments in the Air Force.
Unless otherwise directed by the Board, AFPC/DPSOY will publish
and provide the applicant with a corrected copy of his
DD Form 214.
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 19 June 2012, for review and comment within 30 days
(Exhibit D). 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 error or injustice. We took notice
of the applicant’s complete submission in judging the merits of
the case; however, we are not persuaded by the evidence
submitted in his appeal that a change in his RE code is
warranted. Therefore, we agree with the opinion and
recommendation
primary
responsibility, and adopt its rationale as the basis for our
conclusion
granted
administratively is not warranted. 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
of
already
office
Air
Force
of
the
that
relief
beyond
that
2
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-2012-01202 in Executive Session on 21 August 2012
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 11 May 12.
Exhibit D. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
Member
Member
Panel Chair
3
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