RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01860
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C (Involuntarily separated with an
honorable discharge; or entry level separation without
characterization of service) be changed to a code that would
allow him to reenlist.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His discharge was upgraded from general to honorable by the Air
Force Discharge Review Board (AFDRB) and he believes his RE code
should be changed.
The applicant provides no documents in support of his appeal.
The applicant's complete submission is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 27 December
2000.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFPD 36-32 and AFI 36-3208. The specific reasons
follow:
a. Between 7 August 2001 and 7 May 2002, the applicant
received numerous Records of Individual Counseling for failing
to sign-out and secure tools; failing to report to duty on time;
failing to have sufficient funds in the bank; failing to pay
debt; being disrespectful to a Non-Commissioned Officer (NCO);
committing a safety violation; and for reading personal email
during duty hours.
b. On or about 5 March 2002 and 20 April 2002, the
applicant received two Letters of Reprimand (LORs) for failing
to have sufficient funds to cover a check in the amount of
$471.00 and for failing to obey a lawful order.
He was advised of his rights in this matter and after consulting
with counsel he elected to submit a statement on his own behalf.
In a legal review of the case file, the deputy staff judge
advocate found the case legally sufficient and recommended
discharge. The discharge authority concurred with the
recommendation and directed a general (under honorable
conditions) discharge with an RE code of 2B (Involuntarily
separated with a general or under other than honorable
conditions discharge). The applicant was discharged on 14 June
2002. He served 1 year, 5 months and 17 days on active duty.
On 20 November 2003, the Air Force Discharge Review Board
(AFDRB) considered and approved the applicants request that his
general (under honorable conditions) discharge be upgraded to an
honorable. The board concluded that the discharge was
inconsistent with the procedural requirements of the discharge
regulation and resulted in an inequity and an impropriety in the
processing of the applicants discharge. The characterization
of the applicants discharge should be changed to honorable and
the reason for separation should be changed to Secretarial
Authority. The applicants existing RE code remained unchanged
(Exhibit B).
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. Although the AFDRB approved the
applicants request for a change of character of service which
automatically changed his RE code to 2C the AFDRB stated The
applicants existing RE code remains unchanged and did not
weigh in to provide the applicant a favorable RE code.
The DPSOA complete evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 June 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit D). As of this date, no response has been
received by this office.
________________________________________________________________
_
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 an error or injustice. The
applicants contentions are duly noted; 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. We note that the AFDRB approved the
applicants request for a change to his character of service
from general (under honorable conditions) to honorable - which
automatically changed the applicants RE code from 2B to 2C. RE
code 2C is correct per the applicants honorable discharge. In
addition, the applicant has not provided any evidence which
would lead us to believe that a change to his RE code to allow
him to reenlist is warranted. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2013-01860 in Executive Session on 7 January 2014,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-01860 was considered:
Exhibit A. DD Form 149, dated 12 March 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 3 June 2013.
Exhibit D. Letter, SAF/MRBR, dated 21 June 2013.
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