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 applicants 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 applicants 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 commanders
recommendation and directed the applicants 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 2CInvoluntarily 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 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. 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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