RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02429

			COUNSEL:  NONE

			HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 2B (Separated with 
general or under other than honorable conditions (UOTHC) 
discharge) be changed to allow him to renter the military.


APPLICANT CONTENDS THAT:

The RE code was too harsh for his minor infractions, which were 
committed due to being unaware of his environment and 
immaturity.  He did have a problem with remembering to shave and 
was cited on more than one occasion for this infraction, which 
became noted as “a pattern of minor misconduct infractions.”  He 
had a personality conflict with his “rope” leader that caused 
him to repeatedly fail barracks inspection.  He was cited for 
violating curfew due to no fault of his own when he left the 
barracks to get medicine when he was ill.  He has now reached a 
level of maturity where he can serve his country admirably.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
24 Jun 99.

On 4 Jan 99, the applicant was notified by his commander of his 
intent to recommend his discharge for Minor Disciplinary 
Infractions under the provisions of AFI 36-3208, Administrative 
Separation of Airmen, paragraph 5.49 and AFPD 36-32.  The 
reasons for the action were as follows:  

	a.  on 23 Nov 99, the applicant received a Letter of 
Reprimand (LOR) for being derelict in the performance of duties 
for failing to return to his appointed place of duty at the 
appointed time as it was his duty to do so.  

	b.  On 24 Nov 99, the applicant received an LOR for 
violation of a lawful general instruction possessing tobacco 
products while in Phase 1 during technical training.  

	c.  On 23 Nov 99, the applicant received an LOR for failing 
to return and remain in the assigned dormitory from 2100-0400.

	d.  On 19 Nov 99, the applicant received a LOR for being 
derelict in the performance of his duties by failing to stay 
awake in class as it was his duty to do so.  

	e.  On 17 Nov 99, the applicant received an AETC 341, 
Discrepancy Report, for being derelict in the performance of his 
duties by being late for an assignment briefing.  

	f.  On 9 Nov 99, the applicant received an LOR for failing 
to stay awake in class.  

	g.  On 28 Oct 99, the applicant received an LOR for using 
profanity and talking during a formation and for failing to 
shave.  

	h.  On 21 Sep 99, the applicant received an LOR for making 
disrespectful and insubordinate comments towards a 
noncommissioned officer.

On 26 Jan 00, the discharge was found to be legally sufficient.

On 28 Jan 00, the discharge authority approved the commander’s 
recommendation and directed the applicant be discharged.

On 4 Feb 00, the applicant was furnished a general (under 
honorable conditions) discharge, and was credited with 7 months 
and 11 days of active service.       
      

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant was involuntarily 
discharged for Misconduct with a general (under honorable 
conditions) character of service.  He received a RE code of 2B 
(Separated with a general or UOTHC discharge), based on his 
general discharge.  The RE Code 2B is required per AFI 36-2606, 
Reenlistments in the USAF, based on his involuntary discharge 
with general (under honorable conditions) character of service.  
The applicant has not provided any proof of an error or 
injustice with respect to his RE code.

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 25 Aug 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
Applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, Section 1552 and Air Force Instruction    
36-2603.  Applicant has not shown a plausible reason for the 
delay in filing, and we are not persuaded that the record raises 
issues of error or injustice which require resolution on the 
merits.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the applicant’s failure to file in a timely 
manner.  


THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the 
interest of justice to waive the untimeliness.  It is the 
decision of the Board, therefore, to reject the application as 
untimely.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-02429 in Executive Session on 19 Mar 15, under 
the provisions of AFI 36-2603:


The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02429 was considered:

	Exhibit A.  DD Form 149, dated 16 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOA, dated 21 Jul 14.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Aug 14.