RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01998
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The following items on his DD Form 214, Certificate of Release
or Discharge from Active Duty, be corrected:
a. Item 26 Separation Code: JKN.
b. Item 27 Reentry Code: 2B.
APPLICANT CONTENDS THAT:
His record does not reflect enough derogatory information to
warrant the type of codes currently reflected on his DD Form
214.
In support of his request, the applicant has provided a copy of
his DD Form 214, a copy of AETC Form 125A, Record of
Administrative Training Action, dated 17 Oct 13, a copy of a
Letter of Reprimand, dated 26 Sep 13, a copy of AF Form 3070A,
Record of Nonjudicial Punishment (AB thru TSgt), dated 21 Aug
13, a copy of his Administrative Discharge Package, a copy of
his Combat Control Selection Course - Certificate of Training,
dated 5 Dec 12, and a copy of his Airman Leadership Class -
Certificate of Training, dated 14 Jan 13.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 29 Aug
12.
On 26 Sep 13, the applicant received a Letter of Reprimand (LOR)
for failing to obey Air Education and Training Command
Instruction 36-2216, Administration of Military Standards and
Discipline Training, by using tobacco products in uniform. He
violated this policy when he was found smoking in uniform in the
student parking lot. The applicant waived his right to respond.
On 27 Aug 13, the applicant accepted an Article 15, Nonjudicial
Punishment, for wrongfully possessing and consuming alcohol in
the student dormitory, wrongfully entered the room of a member
of the opposite sex, and consuming alcohol while under the age
of 21 in violations of Article 134, Uniform Code of Military
Justice and Texas Alcoholic Beverage Code, Section 106.04. The
applicant was reduced in grade to airman, restricted to the
limits of Joint Base San Antonio-Lackland for 15 days, and
Reprimanded.
On 23 Oct 13, the applicant was notified by his commander that
she intended to recommend him for discharge for Minor
Disciplinary Infractions in accordance with AFI 36-3208,
Administrative Separation of Airmen, Chapter 5, paragraph 5.49.
She also recommended the applicants service be characterized as
General (Under Honorable Conditions).
On 25 Oct 13, the applicant consulted legal counsel and waived
his right to submit statement on his behalf. The Staff Judge
advocate reviewed the case file and found no errors or
irregularities prejudicial to the applicants substantive or
procedural rights. They recommended approval.
On 29 Oct 13, the discharge authority reviewed the case file and
approved a General (Under Honorable Conditions) discharge
without probation and rehabilitation.
On 30 Oct 13, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 1 year, 2
months, and 2 days of active service.
The applicants DD Form 214 reflects a Separation Code of JKN
and a Reentry Code of 2B
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force offices of
primary responsibility (OPR), which are attached at Exhibits C
and D.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice. Based on a review of the master
personnel records, the discharge, to include the Separation
Code, Narrative Reason for Separation and Character of Service,
was consistent with the procedural and substantive requirements
for the discharge instruction and within the discretion of the
discharge authority.
The applicants commander afforded him every opportunity to
overcome his deficiencies and concluded he failed to correct his
behavior and refused to comply with Air Force standards. Based
on this assessment, discharge was warranted.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends denial indicating there is no evidence of
an error or an injustice. The applicant was involuntarily
discharged for Misconduct and based on the applicants Character
of Service his record required a Reentry Code of 2B.
A complete copy of the AFPC/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 6 Feb 15 for review and comment within 30 days
(Exhibit E). 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 opinions and
recommendations of the Air Force offices of primary
responsibility (OPR) and adopt their rationale as the basis for
our conclusion the applicant has not been the victim of an error
of injustice. 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-2014-01998 in Executive Session on 25 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-01998 was considered:
Exhibit A. DD Form 149, dated 1 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 23 Sep 14.
Exhibit D. Memorandum, AFPC/DPSOA, dated 14 Oct 14.
Exhibit E. Letter, SAF/MRBR, dated 6 Feb 15.
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