RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02429
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2B (Separated with
general or under other than honorable conditions (UOTHC)
discharge) be changed to allow him to renter the military.
APPLICANT CONTENDS THAT:
The RE code was too harsh for his minor infractions, which were
committed due to being unaware of his environment and
immaturity. He did have a problem with remembering to shave and
was cited on more than one occasion for this infraction, which
became noted as a pattern of minor misconduct infractions. He
had a personality conflict with his rope leader that caused
him to repeatedly fail barracks inspection. He was cited for
violating curfew due to no fault of his own when he left the
barracks to get medicine when he was ill. He has now reached a
level of maturity where he can serve his country admirably.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
24 Jun 99.
On 4 Jan 99, the applicant was notified by his commander of his
intent to recommend his discharge for Minor Disciplinary
Infractions under the provisions of AFI 36-3208, Administrative
Separation of Airmen, paragraph 5.49 and AFPD 36-32. The
reasons for the action were as follows:
a. on 23 Nov 99, the applicant received a Letter of
Reprimand (LOR) for being derelict in the performance of duties
for failing to return to his appointed place of duty at the
appointed time as it was his duty to do so.
b. On 24 Nov 99, the applicant received an LOR for
violation of a lawful general instruction possessing tobacco
products while in Phase 1 during technical training.
c. On 23 Nov 99, the applicant received an LOR for failing
to return and remain in the assigned dormitory from 2100-0400.
d. On 19 Nov 99, the applicant received a LOR for being
derelict in the performance of his duties by failing to stay
awake in class as it was his duty to do so.
e. On 17 Nov 99, the applicant received an AETC 341,
Discrepancy Report, for being derelict in the performance of his
duties by being late for an assignment briefing.
f. On 9 Nov 99, the applicant received an LOR for failing
to stay awake in class.
g. On 28 Oct 99, the applicant received an LOR for using
profanity and talking during a formation and for failing to
shave.
h. On 21 Sep 99, the applicant received an LOR for making
disrespectful and insubordinate comments towards a
noncommissioned officer.
On 26 Jan 00, the discharge was found to be legally sufficient.
On 28 Jan 00, the discharge authority approved the commanders
recommendation and directed the applicant be discharged.
On 4 Feb 00, the applicant was furnished a general (under
honorable conditions) discharge, and was credited with 7 months
and 11 days of active service.
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 with a general (under honorable
conditions) character of service. He received a RE code of 2B
(Separated with a general or UOTHC discharge), based on his
general discharge. The RE Code 2B is required per AFI 36-2606,
Reenlistments in the USAF, based on his involuntary discharge
with general (under honorable conditions) character of service.
The applicant has not provided any proof of an error or
injustice with respect to his RE code.
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 25 Aug 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants request and the
available evidence of record, we find the application untimely.
Applicant did not file within three years after the alleged
error or injustice was discovered as required by Title 10,
United States Code, Section 1552 and Air Force Instruction
36-2603. Applicant has not shown a plausible reason for the
delay in filing, and we are not persuaded that the record raises
issues of error or injustice which require resolution on the
merits. Thus, we cannot conclude it would be in the interest of
justice to excuse the applicants failure to file in a timely
manner.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely.
The following members of the Board considered AFBCMR Docket
Number BC-2014-02429 in Executive Session on 19 Mar 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02429 was considered:
Exhibit A. DD Form 149, dated 16 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 21 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14.
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