RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00408 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 (UOTHC) discharge” be changed to 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” to allow him reentry into the military. _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects RE code “2B,” this code states that he has been discharged under general or other than honorable conditions (UOTHC). He is unable to reenlist into a sister branch because of the unfavorable “UOTHC” correlation that is attached to this code. He was told by recruiters that he could enlist as long as his RE code is changed. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 27 Jan 09, the applicant enlisted in the Regular Air Force for a period of six years. On 10 Jun 10, the applicant was notified by his squadron commander that he was recommending his discharge from the Air Force for misconduct (specifically for drug abuse). The reasons for the proposed action were: 1) The applicant was convicted by a summary court martial for wrongfully using marijuana on divers occasions between on or about (o/a) 1 Jan 10 and o/a 31 Jan 10; and 2) The applicant received an Article 15, for disobeying a lawful order for wrongfully using Spice, an herbal mixture, for the purpose of altering his mood or function. On 10 Jun 10, the applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel, submitted a response through his counsel. On 18 Jun 10, the base legal office found the case legally sufficient to support the separation, and on 21 Jun 10, the discharge authority directed a general (under honorable conditions) discharge without probation and rehabilitation. On 30 Jun 10, the applicant was discharged by reason of misconduct (drug abuse), and issued an RE code of 2B. He served on active duty for a period of one year, five months, and four days. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states the applicant’s record shows the applicant was counseled on numerous occasions for his behavior and afforded an opportunity to overcome his deficiencies. DPSOS states based on the documentation on file in the master personnel records, the discharge, to include the service characterization, was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant provided no evidence of an error or injustice in the processing of his discharge. AFPC/DPSOA recommends denial. DPSOA states the applicant’s RE code (2B) is correct based on his involuntary discharge with a general (under honorable conditions) character of service. The applicant has provided no proof of an error or injustice in reference to his RE code. The complete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 27 May 11, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit E). _________________________________________________________________ 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 that 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-2011-00408 in Executive Session on 21 Jul 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Nov 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 29 Apr 11. Exhibit D. Letter, AFPC/DPSOA, dated 17 May 11. Exhibit E. Letter, SAF/MRBR, dated 27 May 11. Panel Chair