RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03851

  	COUNSEL: NONE	

 	HEARING: YES

APPLICANT REQUESTS THAT:

His Reentry (RE) Code “2B” for discharged with a general, under honorable conditions, discharge be changed to permit reenlistment in the Armed Forces.  

APPLICANT CONTENDS THAT:

He requests clemency so he can reenlist and serve in Army Special Forces.  He has been training daily and provides letters of support, to include a letter from the Deputy Commander for Special Operations Command Central Task Force dated 21 Mar 16, which states he has full confidence the applicant will excel given a second chance.  He has been relentlessly pursuing this change since his discharge in 2009.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic (AB).

Per AF Forms 3070A, Record of Nonjudicial Punishment (AB thru TSgt), dated 5 Mar 09 and 24 Mar 09, the applicant received two Article 15 actions for three underage drinking incidents in one month.  He also violated curfew, damaged his military ID card, left the base without permission and traveled in a personal motor vehicle while not allowed.

On 22 May 09, he was discharged with a general, under honorable conditions discharge, RE code “2B” and narrative reason for separation of “Misconduct-Minor Infractions.”  He served 9 months and 11 days of active duty service.  

The applicant’s AFHQ Form 0-2077, Air Force Discharge Review Board (DRB) Hearing Record, dated 24 Aug 16, shows his requests for upgrade of his discharge, change of narrative reason for separation and change of RE code were denied.  The DRB recognized the applicant was 20 years of age when the discharge took place.  However, the applicant was no younger than the vast majority of first term members who properly adhere to standards of conduct.  The DRB concluded his discharge was consistent with procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority and that he was provided full administrative due process.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  The “2B” RE code is required with a general character of service.  

The complete advisory is at Exhibit C.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Aug 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed. However, it is in the interest of justice to excuse the failure to timely file.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.   In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03851 in Executive Session on 3 Apr 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 20 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 4 Jan 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Aug 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.