RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00341 

 

 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. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge should be changed due to the lack of sufficient 
evidence. He was wrongly accused by other individuals of using 
and distributing marijuana. These individuals also tested 
positive for drug use, while his test was found to be negative 
for drug use. His commander delayed taking his case to a court-
martial proceeding due to lack of evidence, then subsequently 
changed her mind and decided to file court-martial charges 
against him several months later. 

 

In support of the appeal, the applicant submits copies of a 
Report of Investigation (ROI), his DD Form 214, Certificate of 
Release or Discharge from Active Duty, and four letters of 
support. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force as an airman 
basic on 22 May 07 for a term of four years. on 1 Jun 10, he was 
notified by his commander of her intent to refer court-martial 
charges against him for wrongful use of marijuana, for wrongfully 
distributing marijuana, for wrongful use of Percocet, a Schedule 
II controlled substance, and for wrongfully introducing an 
unknown quantity of marijuana onto an installation used by the 
armed forces or under control of the armed forces with the intent 
to distribute the controlled substance. The applicant submitted 
a request for discharge in lieu of trial by court-martial. His 
commander recommended that his request for discharge in lieu of 
trial by court-martial be approved and that he be discharged with 
a UOTHC discharge. 

 


The case was reviewed by the base legal office and found to be 
legally sufficient to support discharge. The discharge authority 
approved the separation and directed he be discharged with a 
UOTHC discharge. 

 

He was separated from the Air Force on 9 Jul 10, under the 
provisions of AFI 36-3208, Administrative Separation of Airmen, 
for discharge in lieu of trial by court-martial. He received a 
UOTHC discharge and a RE code of 2B. He served a total of 3 
years, 1 month, and 18 days of active service. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits C and D. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATIONS: 

 

AFPC/DPSOS recommends denial. DPSOS states that based on 
documentation on file in the master personnel records, the 
discharge to include the narrative reason for separation, was 
appropriately administered and within the discretion of the 
discharge authority. 

 

According to DPSOS, on 8 Jun 10, the applicant requested he be 
discharged from the Air Force in accordance with AFI 36-3208, 
Chapter 4, In Lieu of Trial by Court-Martial. He faced two 
charges of wrongful use of marijuana, wrongful distributing 
marijuana, wrongful use of Percocet, a Schedule II controlled 
substance, and wrongfully introducing an unknown quantity of 
marijuana onto an installation used by the armed forces. In his 
request for separation in lieu of trial by court-martial, the 
applicant acknowledged he could be separated with a UOTHC 
discharge characterization. He was afforded the opportunity to 
consult with counsel and advised of the possible consequences of 
a UOTHC discharge. 

 

The complete AFPC/DPSOS evaluation is at Exhibit C. 

 

AFPC/DPSOA recommends denial. DPSOA states the RE code 2B is 
required per AFI 36-2606, Reenlistments in the USAF, Chapter 3, 
based on his involuntary discharge with a UOTHC character of 
service. The applicant states the record is unjust because of 
the lack of evidence. However, on 10 May 11, AFPC/DPSOS 
validated the applicant's discharge processing, to include his 
character of service, and recommended denial. 

 

The complete AFPC/DPSOA evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 17 Jun 11, for review and comment within 30 days. 
As of this date, no response has been received by this 
office (Exhibit E). 

 

_________________________________________________________________ 

 

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 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 
or injustice. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant is 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-2011-00341 in Executive Session on 7 Sep 11, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 10 May 11. 

 Exhibit D. Letter, AFPC/DPSOA, dated 25 May 11. 

 Exhibit E. Letter, SAF/MRBR, dated 17 Jun 11. 

 

 

 

 

 

 Panel Chair