RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05829
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His Reentry (RE) code of 2X, which denotes "1st term, 2nd term or
career airman considered but not selected for reenlistment under
the Selective Reenlistment Program (SRP)," be changed to allow
him reentry into the Air Force.
APPLICANT CONTENDS THAT:
He realizes that there was no error or injustice in the
processing of his discharge.
During his service in the Air Force, he was cited for Driving
Under the Influence (DUI) and placed on the roll back list,
which led to his honorable discharge. While he is grateful for
the service characterization, he wants to serve his country and
the RE code prevents him from doing so. He implores the Board
to consider his request.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 14 July 2009, the applicant enlisted in the Regular Air
Force.
On 9 February 2012, the applicants commander notified him that
she was recommending he be demoted to the grade of airman (E-2)
under the provisions of AFI 36-2502, Airman Promotion/Demotion
Programs. The specific reasons for this action was that on or
about 4 June 2011, he was arrested for DUI and drinking alcohol
under the age of 21.
On 9 February 2012, the applicant acknowledged receipt of the
demotion notification and on 14 February 2012, he concurred with
the proposed demotion and presented statements in his behalf.
On 28 February 2012, the approval authority directed the
applicant be demoted to the grade of airman with an effective
date of 6 March 2012. The applicant did not appeal this
decision.
On 24 May 2012, via AF Form 418, Selective Reenlistment Program
Consideration for Airmen in the Regular Air Force/Air Force
Reserve, the applicant was notified by his commander that she
was not recommending him for reenlistment in the Air Force. Her
reason for this action was the applicants conduct did not meet
the standards expected of an airman in the United States Air
Force.
On 29 May 2012, the applicant acknowledged receipt of his non-
selection for reenlistment and indicated that he did intend to
appeal this decision; however, no appeal was annotated on the AF
Form 418.
On 19 June 2012, the applicant was offered an Article 15 because
he violated a lawful general order, to wit: General Order
Prohibiting the Use and Possession of Salvia, Spice, and Bath
Salts, by wrongfully possessing and smoking a botanical incense
or herbal mixture commonly known as Spice. He also violated
Article 112, Uniform Code of Military Justice (UCMJ), by
wrongfully using marijuana.
On 25 June 2012, the applicant received punishment under Article
15, in the form of a reprimand and demotion to the grade of
airman basic (E-1), with an effective date of 25 June 2012.
On 29 September 2012, the applicant was honorably discharged
from the Air Force in the grade of airman basic (E-1), with a RE
Code of 2X. His narrative reason for separation was Completion
of Required Active Service.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. The applicant did not provide any
evidence of an error or injustice that occurred in the discharge
processing. He was separated under the Fiscal Year 2012 Air
Force Shaping Rollback Program. According to AFI 36-2606,
Reenlistment in the United States Air Force, commanders have
selective reenlistment selection or non-selection authority.
The commander considers the airmans performance reports,
unfavorable information from any substantiated source, the
airmans willingness to comply with Air Force standards and/or
the airmans ability to meet required training and duty
performance levels. The applicants discharge was correctly
administered on the basis of his RE code of 2X.
The complete DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 February 2014, a copy of the Air Force evaluation was
forwarded to the applicant 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 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 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 issue(s)
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 BC-2013-
05829 in Executive Session on 12 November 2014, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
Due to the unavailability of XXXXXXXXXX, XXXXXXXXXX will sign as
Acting Panel Chair. The following documentary evidence
pertaining to AFBCMR BC-2013-05829 was considered:
Exhibit A. DD Form 149, dated 18 November 2013.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 27 January 2014.
Exhibit D. Letter, SAF/MRBR, dated 17 February 2014.
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