RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00430
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) code 2P reflected on his DD Form 214, Report
of Separation from Active Duty, be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was in the Department of Veterans Affairs (DVA) office and
learned his RE code 2P reflected Absent Without Leave (AWOL)
or deserter. He was never AWOL or a deserter.
He was surprised to find out that he was given an erroneous RE
code. He should have a RE code of 1 instead of 2.
The Board should consider his untimely application because
anyone who reviews his DD Form 214 will think negative about him
which is not right; he was a good serviceman.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 22 Jul 77, the applicant enlisted in the Regular Air Force.
On 18 Dec 77, he was notified by his commander that he was
recommending his discharge from the Air Force under the
provisions of AFI 39-10, Administrative Separation of Airman.
The specific reason for this action was the applicant was a
marginal performer whose presence created an administrative
burden to the command due to minor military or disciplinary
infractions. The infractions include a Letter of Reprimand
(LOR) on 23 Oct 77 for assaulting an airman by striking her
twice on her buttocks, a LOR on 16 Nov 77 for possession of
marijuana, counseling on 22 Nov 77 for violation of AFR 35-10,
Dress and Personal Appearance, and counseling on 30 Nov 77 for
failure to go to his place of duty.
On 21 Dec 77, the applicant acknowledged receipt of the
recommendation for discharge.
On 28 Dec 77, the separation authority approved the
recommendation for discharge.
On 6 Jan 78, he was honorably discharged from active duty with a
RE code of 2P.
He served 5 months and 15 days on active duty.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. The applicant was never AWOL or a
deserter. However, his RE code of 2P is the correct RE code
per the applicable guidance at the time (AFR 35-16, Volume I,
14 Nov 77). The RE Code 2P at the time of the applicants
discharge denoted Separated under AFR 39-10 as marginal
performer or to preserve good order and discipline. The
applicants discharge with RE code 2P was supported by such
behavior as assault of a female airman, in possession of
marijuana, violation of appearance standards and failure to be
at his place of duty on time. DPSOA provides a copy of AFR 35-
16, Table 6-2, dated 14 Nov 77, for the applicant to attach to
his DD Form 214 for reference.
The complete DPSOA evaluation, with attachment, is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 May 14, a copy of the Air Force evaluation was provided to
the applicant for review and comment within 30 days (Exhibit D).
As of this date, this office has not received a response.
_________________________________________________________________
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 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 that the applicant has
failed to sustain his burden of proof that he has 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.
_______________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
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 Docket Number BC-
2014-00430 in Executive Session on 12 Nov 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 14, w/atch.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Memorandum, AFPC/DPSOA, dated 18 Mar 14, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 8 May 14.
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