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AF | BCMR | CY2014 | BC 2014 03998
Original file (BC 2014 03998.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-03998

 						COUNSEL:  NONE

						HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

His Reentry (RE) Code “2B” which denotes “Separated with a 
General or Under Other than Honorable Conditions [UOTHC] 
Discharge” be changed to RE code “3A” which denotes “1st term 
airman separating before 36 months” to allow reenlistment in the 
Armed Forces.    


APPLICANT CONTENDS THAT:

He was informed during out-processing that he would be eligible 
to reenlist in another branch.  The RE code is unjust due to the 
false allegations which were cleared. 

He was discharged due to being falsely accused of rape, underage 
drinking and dereliction of duty. The discharge was 
predetermined by his unit’s leadership without any consideration 
of the investigation by the Office of Special Investigations 
(OSI) and their findings which cleared him.  

He asks the Board for a fair investigation as to the gross 
mistreatment and re-code his DD Form 214 so he can reenlist in 
The U.S. Army or Marines and use his military education.  

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


STATEMENT OF FACTS:

On 29 Apr 13, the applicant entered the Regular Air Force.

On 28 Jul 14, he was notified by his commander that he was 
recommending he be discharged In Accordance With (IAW) AFI 36-
3208, Administrative Separation of Airmen, paragraph 5.49.  The 
specific reasons for the recommendation include an Article 15, 
Uniform Code of Military Justice (UCMJ) in violation of Article 
92, UCMJ in that he was derelict in the performance of his 
duties by willfully failing to refrain from falling asleep 
during duty hours, consuming alcohol while under 21 years of age 
in violation of Article 134, UCMJ; and a Letter of Reprimand 
(LOR) for failure to report to his designated duty location at 
the designated time and failure to report to mandatory physical 
training formation. The applicant was advised of his right to 
consult counsel and submit statements in his own behalf.    

On 30 Jul 14, the applicant acknowledged the discharge 
recommendation and submitted a statement in his own behalf.     

On 14 Aug 14, the assistant staff judge advocate found the 
discharge recommendation legally sufficient.

On 15 Aug 14, the discharge authority approved the discharge 
recommendation.  

On 15 Aug 14, the applicant was discharged with service 
characterized as general (under honorable conditions) with a 
narrative reason for separation of “Misconduct” and RE Code 
“2B.” 


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  The RE code “3A” does not apply 
to airmen involuntarily separated for misconduct.  Per AFI 36-
2606, Reenlistment in the USAF, paragraph 5.20.1, RE codes in 
the 2# series have priority, then 4#, 3# and 1#.  For 
involuntary discharges, a RE code in the 2# series will always 
apply and have priority.  The one exception is for initial 
technical school trainees being involuntarily discharged before 
completing 36 months (60 months for a 6-year enlistee) who have 
a known disqualifying factor or ineligibility condition except 
grade, skill level and insufficient Total Active Federal 
Military Service (TAFMS); first term, non-prior service female 
airman who is discovered pregnant before enlistment and was 
immediately discharged; or first term airman involuntarily 
separated (entry-level) for inability to satisfactorily progress 
in required training without characterization of service or 
first term airman involuntarily separated for failure to 
progress in military training.   

A complete copy of the DPSOR 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 12 Jan 15 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 applicant’s 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 
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.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-03998 in Executive Session on 13 May 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member


The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03998 was considered:

	Exhibit A.  DD Form 149, dated 25 Sep 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOA, dated 21 Nov 14.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Jan 15.

 

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