RECORD OF PROCEEDINGSAIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDSIN THE MATTER OF: DOCKET NUMBER: BC-2007-03703 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT:His reenlistment (RE) code be changed to one that is favorable for reenlistment. _________________________________________________________________ APPLICANT CONTENDS THAT:His discharge was under honorable conditions and he is trying to enlist in the U.S. Army. His RE code is preventing his reentry.He was told by his first sergeant that he would not be discharged.He did everything the military asked him to do, including evaluation classes. He feels his discharge was unjust.In support of his request, the applicant provided a copy of his Enlisted Performance Report (EPR) and a copy of a letter verifying his enrollment in Anger Management.The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS:The applicant entered the Regular Air Force on 5 Dec 89. He was discharged with a RE code of 2B (separated with a general or under other than honorable conditions (UOTHC) discharge). On or about 11 Mar 92, the applicant received a civilian citation for indecently exposing himself. On 7 Apr 92, he was sentenced to 90 days in jail, fined $300, and unsupervised probation for 180 days under the condition of no more criminal charges.On or about 22 Mar 92, the applicant received two civilian citations for battery and was ordered to report to the base mental health office. On 7 Apr 92, he was sentenced to 90 days in jail for each citation, fined $100 for each citation, and unsupervised probation for 180 days under the condition of no more criminal charges.On 13 May 92, the applicant was notified of pending discharge actions. Specifically, the commander cited the applicant’s civilian citations as the reason for discharge. The applicant acknowledged receipt, consulted counsel, and waived his right to submit statements in his own behalf. On 18 May 92, the staff judge advocate found the applicant’s case legally sufficient for discharge.On 19 May 92, the discharge authority directed discharge with a general (under honorable conditions) discharge without probation and rehabilitation.The applicant was discharged on 22 May 92 with a general discharge and a reenlistment code of 2B. He served 2 years, 5 months, and 18 days on active duty. On 10 Jul 95, the Discharge Review Board denied the applicant’s request for a discharge upgrade to honorable. _________________________________________________________________ AIR FORCE EVALUATION:AFPC/DPSOA recommends denial. DPSOA states they found no evidence of error or injustice; nor did the applicant submit any such evidence.The complete AFPC/DPSOA evaluation is at Exhibit C.AFPC/DPSOS recommends denial. DPSOS states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The discharge was within the discretion of the discharge authority. The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. He provided no facts warranting a change to his general (under honorable conditions) discharge.The complete AFPC/DPSOS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:Copies of the Air Force evaluations were forwarded to the applicant on 15 Feb 08 for review and comment within 30 days. As of this date, this office has not received a response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of 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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application _________________________________________________________________ THE BOARD DETERMINES THAT:The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2007-03703 in Executive Session on 20 Mar 08, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, w/atchs, dated 29 Oct 07. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOA, w/atchs, dated 9 Jan 08. Exhibit D. Memorandum, AFPC/DPSOS, dated 30 Jan 08. Exhibit E. Letter, SAF/MRBR, dated 15 Feb 08.