RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00712 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry code of “2B” (separated with a general or under other than honorable conditions (UOTHC) discharge) be changed to a 1 series reentry code in order to reenlist. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for hardship reasons. While in the service he did his job to the best of his ability. If he has the opportunity to reenlist, he will honorably serve his country. In support of his request, the applicant provides a personal statement and documents extracted from his military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 12 April 2000. On 15 April 2002, the applicant was notified by his commander of her intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, paragraph 5.49. The specific reasons are as follows: a. Between on or about 11 July 2001 and 5 February 2002, the applicant failed to go at the time prescribed to his appointed place of duty, failed to use his chain of command, and was derelict in the performance of his duties. For these offenses he received five (5) Records of Individual Counseling (LOCs). b. Between on or about 12 November 2001 and 9 April 2002, the applicant failed to go to his appointed place of duty. For these offenses, he received two Letters of Reprimand (LORs). c. Between 3 December 2001 and 29 December 2001, the applicant failed to obey a No Contact Order. For this offense, he received an Article 15. He was advised of his rights in this matter and acknowledged receipt of the notification. The applicant waived his right to consult with counsel and elected not to submit statements in his own behalf. In a legal review of the case file, the deputy staff judge advocate found the case legally sufficient and recommended discharge. On 24 April 2002, the discharge authority concurred with the recommendations and directed a general discharge. The applicant was discharged on 29 April 2002. He served 2 years and 18 days on active duty. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record, it is our opinion that given the circumstances surrounding his separation from the Air Force, the RE code assigned was proper and in compliance with the appropriate instructions. In addition, the applicant has not provided any evidence which would lead us to believe that a change to his RE code to allow him to reenlist is warranted. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2010-00712 in Executive Session on 2 December 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00712 was considered: Exhibit A. DD Form 149, dated 5 February 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Record.