RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01317 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2B, which denotes separated with a general or under other than honorable conditions discharge be changed to a favorable code which will allow him enlistment in the U.S. Army. _________________________________________________________________ APPLICANT CONTENDS THAT: He made mistakes in his last enlistment which resulted in his discharge. He would like to once again serve his country. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 9 Dec 08, the applicant entered the Regular Air Force. On 20 Jul 09, the applicant was notified of pending discharge action. Specifically, the commander cited minor disciplinary infractions as the basis for discharge. The applicant acknowledged receipt of the notification, consulted counsel as directed, and submitted statements in his own behalf. The applicant’s misconduct included an Article 15, Uniform Code of Military Justice, for disobeying a lawful order, two Letters of Reprimand for failing to complete his homework and refraining from carrying a cell phone while in uniform, possessing tobacco products in the dormitory, horse-playing in the schoolhouse corridors with another airman, failing to remain on station while in Phase I, and making a false official statement. On 31 Jul 09, the staff judge advocate found the discharge legally sufficient; however, his recommendation to the discharge authority was to consider retaining the applicant or offer him a period of probation and rehabilitation based on the significant investment the Air Force had in the applicant. The discharge authority found the applicant unsuitable for further military service and probation and rehabilitation was unwarranted because of his pattern of minor disciplinary infractions. On 4 Aug 09, the applicant was discharged with a general (under honorable conditions) discharge with the narrative reason of Misconduct – Minor Infractions and the RE code 2B. He was credited with 7 months and 26 days of active service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial. DPSOS states that based on the documentation on file in the master personnel records, the discharge, to include his characterization of service and RE code, was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The complete HQ AFPC/DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA states the applicant’s RE code of “2B” is required based on his involuntary discharge with a general (under honorable conditions) discharge. Further, the applicant did not provide any evidence of an error or injustice to warrant a change in his character of service. The complete HQ 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 29 Oct 10 for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. _________________________________________________________________ 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 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 and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2010-01317 in Executive Session on 5 January 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Apr 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSOS, dated 17 Sep 10. Exhibit D. Letter, HQ AFPC/DPSOA, dated 30 Sep 10 Exhibit E. Letter, SAF/MRBR, dated 29 Oct 10.