RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02873 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His narrative reason for separation and his reenlistment eligibility (RE) code be changed to allow reentry into the military. APPLICANT CONTENDS THAT: He believes the record to be cruel and unjust because he was not allowed to fight his discharge. He took responsibility for his actions and he asks that he be given a chance to serve in the military again. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 29 Jan 13. On 18 Jul 13, the applicant’s commander notified him he was recommending his discharge for entry level performance or conduct, specifically, minor disciplinary infractions. The reasons for this action are as follows: on 7 May 13, the applicant received a Letter of Reprimand (LOR) for failing to report to the Services schoolhouse for class; on 6 Jun 13, the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being disrespectful towards a superior commissioned officer; on 13 Apr 13 the applicant failed Block 1, Version B test and on 26 Apr 13 the applicant failed Block II, Version test A, on both occasions the applicant was washed back in training. On 19 Jul 13, the applicant acknowledged receipt of the action and of his right to consult with legal counsel and submit statements on his own behalf. On 22 Jul 13, after consulting with legal counsel the applicant submitted a statement on his own behalf. On 24 Jul 13, the action was found to be legally sufficient and the discharge authority concurred with the commander’s recommendation and directed the applicant’s entry level separation with uncharacterized service. On 26 Jul 13, the applicant was furnished an entry level separation with uncharacterized service issued an RE code of 2C (entry level separation with uncharacterized service), and was credited with 5 months and 28 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. The RE code of 2C is required per AFI 36-2606, Reenlistments in the USAF, based on the entry level separation with uncharacterized service. The applicant was discharged for Entry Level Performance or Conduct, specifically for Minor Disciplinary Infractions, on 26 Jul 13 after completing 5 months and 28 days of service. The applicant received a RE code of 2C—“Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” based on his entry level separation with uncharacterized character of service. A complete copy of the AFPC/DPSOA evaluation is at Exhibit C. AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. Based on documentation on file in the master personnel records, the discharge to include the SPD code, narrative reason for separation and character of service was appropriately administered and within the discretion of the discharge authority. As the applicant was only on active duty for 170 days when the discharge action was initiated, he must be separated with an entry level separation in accordance with AFI 36-3208, paragraph 5.2.2. The Department of Defense (DoD) determined if a member served less than 180 days continuous active service it would be unfair to the member and the service to characterize their limited service. The applicant had several instances of negative conduct performance of duty. The commander determined that the applicant was not suited for continued military service and that discharge action was in order. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 27 Oct 14 for review and comment within 30 days (Exhibit E). 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 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 of injustice. While the applicant argues that he was not allowed to fight his discharge, he has presented no evidence whatsoever that the discharge was disproportionate to the circumstances or that he was deprived rights to which he was entitled. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-02873 in Executive Session on 16 Apr 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02873 was considered: Exhibit A. DD Form 149, dated 21 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOA, dated 11 Aug 14. Exhibit D. Memorandum, AFPC/DPSOR, dated 16 Sep 14. Exhibit E. Letter, SAF/MRBR, dated 27 Oct 14.