RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01779
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Reentry (RE) code 3K (Reserved for use by AFPC or the AFBCMR
when no other reenlistment eligibility code applies or is
appropriate) be changed to 1M, 1P or 1Q to allow reentry
into the military.
APPLICANT CONTENDS THAT:
His discharge was unwarranted and unfair. He admits what happened
was his fault and accepts the consequences; however, the
punishment did not fit the crime.
He was never afforded an opportunity to explain what actually
happened. He repeatedly asked leadership to hold off punishment
until his civilian case was completed. His ultimate goal is to
return to military service.
In support of his request, the applicant submits a character
statement from a coworker, a volunteer letter from a local food
bank, education records, and a chronological case summary and
immigration paperwork on his family members.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 22 Jul
08.
On 6 Feb 13, the applicant received a Letter of Reprimand for
Unprofessional Conduct as cited by the Tucson Police Department
for driving under the influence of alcohol in an extreme degree.
On 18 Mar 13, the applicants commander demoted him from Senior
Airman to Airman First Class with a new date of rank of 25 Feb 13
in accordance with AFI 36-2502, Airman Promotion/Demotion
Programs, Chapter 6, paragraph 6.3.
On 10 May 13, the applicants commander notified him of intent to
discharge him in accordance with AFI 36-3208, Administrative
Separation of Airmen, Chapter 5, paragraph 5.52.3. The basis for
discharge was Misconduct. The Staff Judge Advocate reviewed the
case and found it legally sufficient to separate the applicant and
the discharge authority approved a General (Under Honorable
Conditions) discharge for misconduct.
On 05 Jun 13, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 4 years, 10
months, and 14 days of active service.
On 10 Jul 13, the applicant submitted an application for the
Review of Discharge from the Armed Forces of the United States.
On 3 Oct 13, the Air Force Discharge Review Board concluded there
was sufficient mitigation to substantiate upgrading the
applicants discharge. As such, the board granted upgrade of
discharge to Honorable, change of reason and authority for
discharge and change of reenlistment code.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial indicating there is no evidence of an
error or an injustice.
The applicant was involuntarily discharged for misconduct on 5 Jun
13 with a General (Under Honorable Conditions) character of
service. He received a RE code 2B (Separated with a general or
under other than honorable conditions discharge), based on his
General discharge. At some point, the applicants RE code was
changed to 3K (Reserved for use by AFPC or the AFBCMR when no
other RE code applies or is appropriate) and his narrative reason
for separation was changed to Secretarial Authority.
All three requested RE codes state in bold Do not separate Airman
with this RE code They are reserved for Airmen that have been
selected under SRP; however, the applicant was not selected for
reenlistment, he was involuntarily discharged.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 29 Sep 14 for review and comment 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice. The
Air Force Discharge Review Boards action provided the applicant
appropriate relief on this matter. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2014-01779 in Executive Session on 13 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 4 May 14.
Exhibit D. Letter, SAF/MRBR, dated 29 Sep 14.
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