RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01860 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “2C” (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to a code that would allow him to reenlist. ________________________________________________________________ APPLICANT CONTENDS THAT: His discharge was upgraded from general to honorable by the Air Force Discharge Review Board (AFDRB) and he believes his RE code should be changed. The applicant provides no documents in support of his appeal. The applicant's complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 27 December 2000. The applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208. The specific reasons follow: a. Between 7 August 2001 and 7 May 2002, the applicant received numerous Records of Individual Counseling for failing to sign-out and secure tools; failing to report to duty on time; failing to have sufficient funds in the bank; failing to pay debt; being disrespectful to a Non-Commissioned Officer (NCO); committing a safety violation; and for reading personal email during duty hours. b. On or about 5 March 2002 and 20 April 2002, the applicant received two Letters of Reprimand (LORs) for failing to have sufficient funds to cover a check in the amount of $471.00 and for failing to obey a lawful order. He was advised of his rights in this matter and after consulting with counsel he elected to submit a statement on his own behalf. In a legal review of the case file, the deputy staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation and directed a general (under honorable conditions) discharge with an RE code of 2B (Involuntarily separated with a general or under other than honorable conditions discharge). The applicant was discharged on 14 June 2002. He served 1 year, 5 months and 17 days on active duty. On 20 November 2003, the Air Force Discharge Review Board (AFDRB) considered and approved the applicant’s request that his general (under honorable conditions) discharge be upgraded to an honorable. The board concluded that the discharge was inconsistent with the procedural requirements of the discharge regulation and resulted in an inequity and an impropriety in the processing of the applicant’s discharge. The characterization of the applicant’s discharge should be changed to honorable and the reason for separation should be changed to Secretarial Authority. The applicant’s existing RE code remained unchanged (Exhibit B). ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. Although the AFDRB approved the applicants request for a change of character of service which automatically changed his RE code to 2C the AFDRB stated “The applicant’s existing RE code remains unchanged” and did not weigh in to provide the applicant a favorable RE code. The DPSOA complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 June 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). As of this date, no response has been received by this office. ________________________________________________________________ _ 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. The applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We note that the AFDRB approved the applicant’s request for a change to his character of service from general (under honorable conditions) to honorable - which automatically changed the applicant’s RE code from 2B to 2C. RE code 2C is correct per the applicant’s honorable discharge. In addition, the applicant has not provided any evidence which would lead us to believe that a change to his RE code to allow him to reenlist is warranted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2013-01860 in Executive Session on 7 January 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01860 was considered: Exhibit A. DD Form 149, dated 12 March 2013. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 3 June 2013. Exhibit D. Letter, SAF/MRBR, dated 21 June 2013. 3 4