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 units 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 applicants 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 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
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 applicants 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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