RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03184 

COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be reinstated into the Air Force or have his reentry (RE) code 
changed to allow him to reenter the military. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His recruiter knew about his Driving Under the Influence (DUI) 
violation before he departed for Basic Military Training (BMT). 
He never lied to the Air Force and was told in his discharge 
papers that it was not his fault. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty in the Regular Air Force on 
22 March 2011. 

 

On 14 July 2011, his commander notified the applicant that he was 
recommending him for an entry-level discharge for defective 
enlistment. The commander noted that prior to the applicant’s 
departure for Basic Training; he had been arrested on 20 March 
2011 by civilian authorities for a DUI violation, while under the 
age of 21. The commander also noted that if the Air Force had 
been aware of the applicant’s arrest, it would have prevented his 
enlistment in the Air Force. 

 

The applicant acknowledged receipt of his commander’s 
notification, consulted counsel, and submitted a statement in his 
own behalf. 

 

On 20 July 2011, the Assistant Staff Judge Advocate found the 
case to be legally sufficient and recommended the applicant be 
discharged with an entry-level separation without probation and 
rehabilitation. 

 

On 21 July 2011, the discharge authority approved the recommended 
discharge and directed the applicant be given an uncharacterized 
entry-level separation under the provisions of Air Force Program 


Directive 36-32 and Air Force Instruction 36-3208, paragraph 
5.14. 

 

The applicant was discharged effective 22 July 2011 in the grade 
of airman basic (E-1) with an uncharacterized entry-level 
separation and an RE code of “2C” (Involuntarily separated with 
an honorable discharge; or entry-level separation without 
characterization of service). He served four months and one day 
on active duty. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSOR recommends denial. DPSOR states that based on the 
documentation on file in the master personnel records; the 
discharge was consistent with the procedural and substantive 
requirements of the discharge regulation and was within the 
discretion of the discharge authority. The applicant should not 
have been allowed to join the military because the Air Force did 
not have the true facts at the time of his enlistment. Had the 
Air Force been aware of his DUI violation, he would not have been 
allowed entry into the service. Based on the applicant’s failure 
to disclose his prior committed offense, his service 
characterization is correct as reflected on his DD 214, Certificate of Release or Discharge from Active Duty. 

 

A complete copy of the DPSOR evaluation is at Exhibit C. 

 

AFPC/DPSOA recommends denying the applicant’s request to change 
his RE code. DPSOA states the applicant’s RE code of “2C” is 
required per Air Force Instruction 36-2606, Reenlistments in the 
USAF, Chapter 3, based on his involuntary discharge with 
uncharacterized service. He does not provide any proof of an 
error or injustice in reference to his RE code, but stated his 
recruiter knew about the DUI and told him to go to Basic Training 
anyway. If otherwise eligible, a waiver from recruiting services 
would be more appropriate than changing his correct RE code. 

 

The complete DPSOA evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 19 September 2012, for review and comment within 
30 days (Exhibit E). As of this date, this office has received 
no response. 

 

_________________________________________________________________ 

 


THE BOARD RECOMMENDS THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice. After reviewing the 
evidence of record, it appears that at the time it was assigned, 
the RE code was technically correct and in accordance with 
regulation. However, it is the opinion of Board majority that 
some relief is warranted. In this regard, we note the applicant 
contends his recruiter advised him not to disclose his arrest for 
a DUI violation that he incurred while waiting to depart for BMT. 
We also note the Air Force office of primary responsibility 
asserts that had the Air Force been made aware of the applicant’s 
arrest, it would have prevented his enlistment in the Air Force. 
However, we find the applicant’s account of the events that 
occurred the night of his DUI and the detailed conversations he 
had with his recruiter prior to his departure to BMT sincere. 
While the Board majority does not find sufficient evidence to 
reinstate the applicant into the military, we believe the 
applicant’s RE code, should be changed to a waiverable code in 
the interest of equity and justice. Whether or not he is 
successful will depend on the needs of the service and our 
recommendation in no way guarantees that he will be allowed to 
return to any branch of the service. Therefore, the Board 
majority recommends his record be corrected to the extent 
indicated below. 

 

_________________________________________________________________ 

 

RECOMMENDATION OF THE BOARD: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that at the time of 
his discharge on 22 July 2011, he was issued a Reentry (RE) code 
of "3K". 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03184 in Executive Session on 25 April 2013, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


By a majority vote, the Board voted to correct the record as 
recommended. Mr. voted to deny the applicant’s appeal 
but chose not to submit a minority report. The following 
documentary evidence was considered for AFBCMR Docket Number BC-
2012-03184: 

 

 Exhibit A. DD Form 149, dated 12 Jul 12 w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOR, dated 20 Aug 12. 

 Exhibit D. Letter, AFPC/DPSOA, dated 19 Sep 12. 

 Exhibit E. Letter, SAF/MRBR, dated 9 Oct 12. 

 

 

 

 

 

 Panel Chair