RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05522 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code "2B" (Separated with a general or under other than honorable conditions (UOTHC) discharge) be changed to allow him to reenter military service. ________________________________________________________________ APPLICANT CONTENDS THAT: He believes the RE code he received was too harsh for the minor disciplinary infractions he committed. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 8 Feb 11, the applicant commenced his enlistment in the Regular Air Force (RegAF). On 23 Sep 11, the applicant’s commander notified him that he was recommending his discharge from the Air Force for minor disciplinary infractions. The specific reasons for the discharge action were that he received an Article 15 for drinking alcohol while under the age of 21 and a Letter of Counseling (LOC) for failing to obey an order or regulation. After consulting with legal counsel, the applicant acknowledged receipt of the action and elected to submit a statement in his own behalf. On 17 Oct 11, the applicant was furnished a general (under honorable conditions) discharge and issued an RE code of 2B. He was credited with eight months and ten days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial indicating there is no evidence of an error or injustice. The applicant received the appropriate RE code based his being involuntarily discharged with service characterized as general. However, even if at some future date the applicant were to be successful in getting his discharge upgraded by the Air Force Discharge Review Board (AFDRB), his RE code would be automatically changed to "2C" (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service). A complete copy of the AFPC/DPSOA 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 21 Dec 12, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 find no evidence of an error or injustice that occurred in the discharge process or the assignment of the contested RE code. Based on the available evidence of record, it appears the applicant’s general (under honorable conditions) discharge for misconduct was consistent with the substantive requirements of the discharge instruction and within the discharge authority’s discretion. He has provided no evidence which would lead us to believe his discharge was improper or contrary to the provisions of the governing directive, or the RE code issued in conjunction with it was erroneous or inappropriately assigned. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend favorable consideration of the application. ________________________________________________________________ ? 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-2012-05522 in Executive Session on 19 Sep 13, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 14 Dec 12. Exhibit D. Letter, SAF/MRBR, dated 21 Dec 12. Chair