RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03604 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His reentry (RE) code be changed to allow him to rejoin the military. 2. His general (under honorable conditions) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He made a really stupid decision to drink and drive and now cannot rejoin the military. The military presence has been very strong in his family and he would like to make the military a career. He submits letters of recommendation and character references in hopes of having his RE code changed. He believes everyone deserves a second chance. He spoke with a recruiter who told him that if he could get his RE code changed from “2B” (Separated with a general or under-other-than-honorable- conditions (UOTHC) discharge) to “1” (Applicants Eligible for Immediate Reenlistment), then he would be allowed to join the Coast Guard. If he is allowed to rejoin the military, he promises to work hard and make a difference while serving. In support of his request, the applicant provides a personal letter, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of his AF IMT 100, Request and Authorization for Separation, copies of letters of support, and a copy of his AF Form 910, (Enlisted Performance Report (AB thru TSgt). His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 13 Jan 09. His commander recommended him for discharge under the provisions of AFPD 36-32 and AFI 36-3208, Section 5H, paragraph 5.49 for failing to refrain from consuming alcoholic beverages while under the legal drinking age of 21 on two occasions. He received an Article 15 and a Letter of Reprimand for these actions. The applicant acknowledged receipt of the discharge notification on 6 Jul 11. After a legal review of the case file, the staff judge advocate found the case legally sufficient. The applicant was discharged with a general (UHC) discharge on 23 Jun 11 after serving 2 years, 5 months, and 11 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. The applicant does not provide any proof of an error or injustice with regard to his 2C [sic] RE code. Per the governing instructions, the applicant’s “2B” RE code is required based on his involuntary discharge. The complete DPSOA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: His request should be evaluated based on how he feels about serving in the military and how he performed while serving over 2 years in the Air Force. He rated above average, never missed a day of work, deployed for 6 months, and received letters of recommendation and character letters from his peers. He was involved in his community by playing on the base softball team and volunteering at local sporting events. He provides documentation to show that the DUI was dismissed and would like the findings to be considered in his request. The applicant’s complete submission, with attachments, is at 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. Evidence has not been presented in support of his appeal which would lead us to believe that a change to his RE code is warranted. We took notice of his complete submission in judging the merits of this case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Additionally, with regard to the applicant’s request to have his discharge upgraded, we found no indication the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than his own misconduct. While we note the documentation provided by the applicant reflects the DUI charge was dismissed, we note he was discharged for minor disciplinary infractions, which was based on several instances of misconduct. 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 AFBCMR Docket Number BC-2011-03604 in Executive Session on 14 Feb 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 19 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11. Exhibit E. Letter, Applicant, undated.