RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02639
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Reentry (RE) code be changed.
APPLICANT CONTENDS THAT:
The actions which resulted in his discharge do not warrant a RE
code that prevents him from reentering the Armed Forces. He
would like to enlist in the United States Army.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 12 Jan
10.
On 30 Jul 12, the applicant accepted an Article 15, Nonjudicial
Punishment, for sleeping on post, a violation of Article 113 of
the Uniform Code of Military Justice (UCMJ). He was reduced in
grade to airman basic and ordered to forfeit $745.00 pay
(suspended) and reprimanded.
On 4 Sep 12, the applicant was notified by his commander that he
was being recommended for discharge for minor disciplinary
infractions in accordance with AFI 36-3208, Administrative
Separation of Airmen, Chapter 5, Section H, paragraph 5.49. The
applicant consulted legal counsel and submitted a statement on
his behalf.
On 12 Sep 12, the Staff Judge Advocate reviewed the discharge
case and found it legally sufficient. The discharge authority
approved a General (Under Honorable Conditions) discharge for
minor disciplinary infractions without probation or
rehabilitation.
On 21 Sep 12, the applicant was furnished a General (Under
Honorable Conditions) discharge, and was credited with 2 years,
8 months, and 10 days of active service.
The applicants DD Form 214, Certificate of Release or Discharge
from Active Duty, reflects an RE code 2B - Separated with a
general or under-other-than-honorable-conditions (UOTHC)
discharge.
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 RE code 2B is required in accordance with AFI 36-2606,
Reenlistments in the United States Air Force, based on the
applicants involuntary discharge with a General (Under
Honorable Conditions) character of service. If the applicants
character of service is upgraded to Honorable by the Air Force
Discharge Review Board or the Air Force Board Correction of
Military Records now or at a later point, his RE code would
automatically change to 2C Involuntary separated with an
Honorable discharge; or Entry Level Separation without
characterization of service at that time.
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 17 Nov 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.
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-2014-02639 in Executive Session on 5 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02639 was considered:
Exhibit A. DD Form 149, dated 16 Aug 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 3 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.
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