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AF | BCMR | CY2013 | BC 2012 05522
Original file (BC 2012 05522.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05522

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His reentry (RE) code "2B" (Separated with a general or under 
other than honorable conditions (UOTHC) discharge) be changed to 
allow him to reenter military service.

________________________________________________________________

APPLICANT CONTENDS THAT:

He believes the RE code he received was too harsh for the minor 
disciplinary infractions he committed.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 8 Feb 11, the applicant commenced his enlistment in the 
Regular Air Force (RegAF).

On 23 Sep 11, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for minor 
disciplinary infractions.  The specific reasons for the 
discharge action were that he received an Article 15 for 
drinking alcohol while under the age of 21 and a Letter of 
Counseling (LOC) for failing to obey an order or regulation.

After consulting with legal counsel, the applicant acknowledged 
receipt of the action and elected to submit a statement in his 
own behalf.

On 17 Oct 11, the applicant was furnished a general (under 
honorable conditions) discharge and issued an RE code of 2B.  He 
was credited with eight months and ten days of total active 
service.

________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating there is no evidence of 
an error or injustice.  The applicant received the appropriate 
RE code based his being involuntarily discharged with service 
characterized as general.  However, even if at some future date 
the applicant were to be successful in getting his discharge 
upgraded by the Air Force Discharge Review Board (AFDRB), his RE 
code would be automatically changed to "2C" (Involuntarily 
separated with an honorable discharge; or entry level separation 
without characterization of service).

A complete copy of the AFPC/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 21 Dec 12, for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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 an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we find no evidence of an error or 
injustice that occurred in the discharge process or the 
assignment of the contested RE code.  Based on the available 
evidence of record, it appears the applicant’s general (under 
honorable conditions) discharge for misconduct was consistent 
with the substantive requirements of the discharge instruction 
and within the discharge authority’s discretion.  He has 
provided no evidence which would lead us to believe his 
discharge was improper or contrary to the provisions of the 
governing directive, or the RE code issued in conjunction with 
it was erroneous or inappropriately assigned.  Therefore, in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend favorable consideration of the application.

________________________________________________________________

?
THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2012-05522 in Executive Session on 19 Sep 13, under 
the provisions of AFI 36-2603:

	, Chair
	, Member
	, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 Oct 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOA, dated 14 Dec 12.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Dec 12.




                                   
                                   Chair



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