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AF | BCMR | CY2013 | BC-2013-01860
Original file (BC-2013-01860.txt) Auto-classification: Denied

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 applicant’s 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 applicant’s discharge.  The characterization 
of the applicant’s discharge should be changed to honorable and 
the reason for separation should be changed to Secretarial 
Authority.  The applicant’s 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 
applicant’s 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 
applicant’s 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 
applicant’s request for a change to his character of service 
from general (under honorable conditions) to honorable - which 
automatically changed the applicant’s RE code from 2B to 2C.  RE 
code 2C is correct per the applicant’s 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.  Applicant’s 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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