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AF | BCMR | CY2014 | BC 2014 02873
Original file (BC 2014 02873.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02873

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His narrative reason for separation and his reenlistment 
eligibility (RE) code be changed to allow reentry into the 
military.


APPLICANT CONTENDS THAT:

He believes the record to be cruel and unjust because he was not 
allowed to fight his discharge.  He took responsibility for his 
actions and he asks that he be given a chance to serve in the 
military again.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
29 Jan 13.

On 18 Jul 13, the applicant’s commander notified him he was 
recommending his discharge for entry level performance or 
conduct, specifically, minor disciplinary infractions.  The 
reasons for this action are as follows:  on 7 May 13, the 
applicant received a Letter of Reprimand (LOR) for failing to 
report to the Services schoolhouse for class; on 6 Jun 13, the 
applicant received nonjudicial punishment (NJP) under Article 
15, Uniform Code of Military Justice (UCMJ), for being 
disrespectful towards a superior commissioned officer; on 13 Apr 
13 the applicant failed Block 1, Version B test and on 26 Apr 13 
the applicant failed Block II, Version test A, on both occasions 
the applicant was washed back in training.  

On 19 Jul 13, the applicant acknowledged receipt of the action 
and of his right to consult with legal counsel and submit 
statements on his own behalf.  

On 22 Jul 13, after consulting with legal counsel the applicant 
submitted a statement on his own behalf.  

On 24 Jul 13, the action was found to be legally sufficient and 
the discharge authority concurred with the commander’s 
recommendation and directed the applicant’s entry level 
separation with uncharacterized service.

On 26 Jul 13, the applicant was furnished an entry level 
separation with uncharacterized service issued an RE code of 2C 
(entry level separation with uncharacterized service), and was 
credited with 5 months and 28 days of active service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force offices 
of primary responsibility (OPR), which are attached at Exhibits 
C and D.    


AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating there is no evidence of 
an error or an injustice.  The RE code of 2C is required per AFI 
36-2606, Reenlistments in the USAF, based on the entry level 
separation with uncharacterized service.  The applicant was 
discharged for Entry Level Performance or Conduct, specifically 
for Minor Disciplinary Infractions, on 26 Jul 13 after 
completing 5 months and 28 days of service.  The applicant 
received a RE code of 2C—“Involuntarily separated with an 
honorable discharge; or entry level separation without 
characterization of service” based on his entry level separation 
with uncharacterized character of service.  

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or an injustice.  Based on documentation on file in the 
master personnel records, the discharge to include the SPD code, 
narrative reason for separation and character of service was 
appropriately administered and within the discretion of the 
discharge authority.  As the applicant was only on active duty 
for 170 days when the discharge action was initiated, he must be 
separated with an entry level separation in accordance with AFI 
36-3208, paragraph 5.2.2.  The Department of Defense (DoD) 
determined if a member served less than 180 days continuous 
active service it would be unfair to the member and the service 
to characterize their limited service.  The applicant had 
several instances of negative conduct performance of duty.  The 
commander determined that the applicant was not suited for 
continued military service and that discharge action was in 
order.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 27 Oct 14 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 applicant’s 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.  While the applicant argues that he was not 
allowed to fight his discharge, he has presented no evidence 
whatsoever that the discharge was disproportionate to the 
circumstances or that he was deprived rights to which he was 
entitled.  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-2014-02873 in Executive Session on 16 Apr 15, under 
the provisions of AFI 36-2603:


The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02873 was considered:

	Exhibit A.  DD Form 149, dated 21 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOA, dated 11 Aug 14.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 16 Sep 14.
	Exhibit E.  Letter, SAF/MRBR, dated 27 Oct 14.

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