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25 Mar 2015	C     lM:'18ER

FD-2014-00700			
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Case heard in Washington, D.C.

Advise applicant of the decision of the  Board, the right  to a personal appearance with/without counsel, and  the right  to submit an application to the AFBCMR.

* CHA  GE RE CODE	

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AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2014-00700	

GENERAL: The applicant appeals to change the reason and authority for the discharge and to change the reenlistment  code.

The applicant was offered a personal appearance before the Discharge Review Board  (DRB) but declined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the change of reason and authority for discharge, however, based upon the record, the Board grants a change to the reenlistment code to 3K.

ISSUE:  The applicant received an Honorable discharge for Failure to Progress in Military Training

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an Applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption , to  include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The applicant's record of service included one Article 15 for wrongfull y consuming  alcohol within 12 hours of duty.

Applicant is requesting a change to his separation code JHJ (Unsatisfactory performance) , narrative reason and 3C RE code.  Applicant contends that his RE code is improper according to regulations and past AFBCMR approval cases.  A change to the reason for discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge.  After a thorough review of the record, based on the legal review and evidence provided at the time of recommendation for discharge, it appears that the separation code JHJ is, in fact, correct.  The Board found no evidence to justify a change to the reason for the discharge; however, the Board found evidence of impropriety with member's RE Code that was received at the time of his discharge.   According to AFI 36-2606, applicant should not have been separated with the RE Code 3C (First term airman not yet considered under the Selective Reenlistment Program) and it should have been changed to 2C (Involuntarily separated with an Honorable discharge ...) upon separation and completion of DD214.

CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the procedural and substantive requirements of the discharge regulation and finds the applicant was not provided full administrative due process.

In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for a change in the reason for discharge; however the reenlistment code should be changed to 3K under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief