RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03053 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ 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: He believes that he should be allowed to reenlist with a waiver. He has matured and wishes to rejoin the military. The decisions he made when he was young should not be held against him for the rest of his life. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and documents to his congressman. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 2 Jul 03. The applicant was notified by his commander that he was recommending him for discharge from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, paragraph 5.49. The specific reasons for this action were: failing his dormitory inspection; pleading guilty in municipal court to possession of alcohol and not having a current registration (his blood alcohol content of .076 concluded he was drinking and driving under age); being cited for not having auto insurance; failing to report for duty; failing to obey a lawful order by operating a motorcycle. He received several Letters of Reprimand (LORs). After a legal review, the applicant’s case was found legally sufficient. The applicant received a general discharge on 30 May 06 after serving 2 years, 10 months, and 28 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. The applicant’s misconduct in this case clearly outweighs the positive aspects of his service. Additionally, according to the governing instructions a general discharge is appropriate when “significant negative aspects of the airman’s military record.” Therefore, based on the documentation in his master personnel records, the discharge to include his narrative reason for separation was consistent with the procedural and substantive requirements of the discharge instruction and was within the discharge authority’s discretion. The complete DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial. Based on the applicant’s involuntary general discharge, the “2B” RE code is required per AFI 36-2606, Reenlistments in the USAF. The applicant does not provide any proof of an error or injustice with regard to his RE code. The complete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation were forwarded to the applicant on 23 Dec 11 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 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 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 basis to recommend granting the relief sought in this application. 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 issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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-2011-03053 in Executive Session on 6 March 2012, under the provisions of AFI 36-2603: , The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Jul 10 [sic], w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 13 Oct 11. Exhibit D. Letter, AFPC/DPSOA, dated 16 Nov 11. Exhibit E. Letter, SAF/MRBR, dated 23 Dec 11.