RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01318 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “2B” (Separated with a general or under- other-than-honorable-conditions (UOTHC) discharge) be changed so that he may reenter the service. ___________________________________________________________________ APPLICANT CONTENDS THAT: He understands he did wrong and deserved to be punished; however, he believes he deserves another chance to serve in the military. He has matured since separating from the Air Force. The applicant does not provide any supporting documentation. His complete submission is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 27 Apr 04. He was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFI 36-3208, paragraph 5.50.2, for a Pattern of Misconduct. The specific reasons for his action included: 1) he made false statements regarding the whereabouts and use of his government travel card; 2) he failed to pay his debt to Bank of America Government Card Services in the amount of $3, 416.78; 3) he failed to report for duty and/or an appointment; 4) he failed to obey a lawful order; and 5) he was in violation of Article 92, Uniform Code of Military Justice (UCMJ). He received non-judicial punishment for his actions on 15 Nov 05 with a reduction in grade to airman basic; 30 days extra duty with that portion of extra duty exceeding 7 days suspended, and a reprimand. The applicant also received a Letter of Counseling for failing to go to an appointment. The applicant waived his right to counsel and his right to submit statements on his own behalf. After a legal review, the wing staff judge advocate found the case legally sufficient. The applicant was discharged with a general (under honorable conditions) discharge on 6 Jan 06. He was assigned an RE code “2B” (Involuntarily separated with a general or under-other-than-honorable-conditions (UOTHC) discharge). The applicant served 1 year, 8 months, and 10 days on active duty. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states the applicant received the appropriate RE code due to his pattern of misconduct. If his character of service were upgraded to honorable, his RE code would change to “2C” (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) which still makes him ineligible to reenlist. The DPSOA complete 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 11 Jun 10 for review and comment within 30 days. As of this date, this office has received no 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 an error or injustice. Applicant’s contentions are duly noted; however, we are not persuaded that the applicant has been the victim of an error or injustice. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. After a thorough review of the evidence of record, we believe that given the circumstances surrounding the applicant’s separation, the RE code issued was in accordance with the appropriate directives. Therefore, we find no basis upon which to recommend favorable action on 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 AFBCMR Docket Number BC-2010-01318 in Executive Session on 29 Jul 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Apr 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 20 May 10. Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10.