RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02569

XXXXXXXXXX				COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His reentry (RE) code be changed from 2B (Separated with a general or under-other-than-honorable-conditions discharge) to an RE Code 1 (Eligible for Immediate Enlistment).

APPLICANT CONTENDS THAT:

He was erroneously given an RE code 2B in January 2005. Notwithstanding his Driving under the Influence (DUI) charge, his record was impeccable and he was forced out due to a reduction in force.  He was allowed to reenlist in the U.S. Army and the Air National Guard (ANG) because of his impeccable records.  However, the RE code is affecting his continued career in the ANG.

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

STATEMENT OF FACTS:

On 29 January 2002, the applicant enlisted in the Regular Air Force.

On 12 January 2005, the applicant’s commander notified him that he was recommending he be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen.  The specific reason for this action was a pattern of misconduct prejudicial to good order and discipline evidenced by one Article 15, seven letters of reprimand and one letter of counseling between May 2003 and December 2004.

On 12 January 2005, the applicant acknowledged receipt of the discharge notification and in a letter dated 18 January 2004 [sic] submitted a statement for consideration.

On 25 January 2005, the Staff Judge Advocate found the discharge legally sufficient.

On 27 January 2005, the discharge authority directed the applicant be discharged with a general (under honorable conditions) discharge without the opportunity for probation and rehabilitation.

On 28 January 2005, the applicant received a general (under honorable conditions) discharge.  The narrative reason for separation is “Misconduct.”  He was credited with 2 years, 11 months, and 30 days of active service.

On 13 February 2006, the Air Force Discharge Review Board (AFDRB) concluded that the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.

In a memorandum dated 22 February 2006, the AFDRB notified the applicant that a change in his discharge was not warranted and his application was denied.

Via Special Order PB-041-WY dated 24 March 2014, the applicant enlisted in the Air National Guard for a period of three years effective 28 January 2014.

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice.  Based on the documentation on file in the master personnel records, the discharge to include the separation code, narrative reason for separation and character of service was appropriately administered and within the discretion of the discharge authority. The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice.  RE code 2B is required for a general character of service.  The applicant contends his record was impeccable except for the DUI and that he was told his discharge was part of force shaping.  However, he received an Article 15, seven letters of reprimand, and a letter of counseling for numerous disciplinary infractions to include failure to go to work and appointments, failure to obey a direct order, speeding, DUI, leaving post without being relieved, and disobeying a lawful order not to drive on base.  These infractions showed a continual pattern of misconduct occurring from May 2003 to Dec 2004, which led to the applicant’s involuntary discharge.  Involuntary discharges are not considered force shaping actions.  The applicant is also asking for an RE code 1. However, the only “1” RE code a member can separate with is 1J and the applicant should not be awarded an RE code 1J as his commander initiated an involuntarily discharge which is in line with being denied reenlistment versus being selected for reenlistment.

A complete copy of the AFPC/DPSOA 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 August 2105, 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 OPRs and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  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-2015-02569 in Executive Session on 12 May 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02569 was considered:

Exhibit A.  DD Form 149, dated 16 June 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSOR, dated 7 July 2015.
Exhibit D.  Memorandum, AFPC/DPSOA, dated 16 July 2015.
Exhibit E.  Letter, SAF/MRBR, dated 27 August 2015.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.