RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03998 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reentry (RE) Code “2B” which denotes “Separated with a General or Under Other than Honorable Conditions [UOTHC] Discharge” be changed to RE code “3A” which denotes “1st term airman separating before 36 months” to allow reenlistment in the Armed Forces. APPLICANT CONTENDS THAT: He was informed during out-processing that he would be eligible to reenlist in another branch. The RE code is unjust due to the false allegations which were cleared. He was discharged due to being falsely accused of rape, underage drinking and dereliction of duty. The discharge was predetermined by his unit’s leadership without any consideration of the investigation by the Office of Special Investigations (OSI) and their findings which cleared him. He asks the Board for a fair investigation as to the gross mistreatment and re-code his DD Form 214 so he can reenlist in The U.S. Army or Marines and use his military education. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 29 Apr 13, the applicant entered the Regular Air Force. On 28 Jul 14, he was notified by his commander that he was recommending he be discharged In Accordance With (IAW) AFI 36- 3208, Administrative Separation of Airmen, paragraph 5.49. The specific reasons for the recommendation include an Article 15, Uniform Code of Military Justice (UCMJ) in violation of Article 92, UCMJ in that he was derelict in the performance of his duties by willfully failing to refrain from falling asleep during duty hours, consuming alcohol while under 21 years of age in violation of Article 134, UCMJ; and a Letter of Reprimand (LOR) for failure to report to his designated duty location at the designated time and failure to report to mandatory physical training formation. The applicant was advised of his right to consult counsel and submit statements in his own behalf. On 30 Jul 14, the applicant acknowledged the discharge recommendation and submitted a statement in his own behalf. On 14 Aug 14, the assistant staff judge advocate found the discharge recommendation legally sufficient. On 15 Aug 14, the discharge authority approved the discharge recommendation. On 15 Aug 14, the applicant was discharged with service characterized as general (under honorable conditions) with a narrative reason for separation of “Misconduct” and RE Code “2B.” AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. The RE code “3A” does not apply to airmen involuntarily separated for misconduct. Per AFI 36- 2606, Reenlistment in the USAF, paragraph 5.20.1, RE codes in the 2# series have priority, then 4#, 3# and 1#. For involuntary discharges, a RE code in the 2# series will always apply and have priority. The one exception is for initial technical school trainees being involuntarily discharged before completing 36 months (60 months for a 6-year enlistee) who have a known disqualifying factor or ineligibility condition except grade, skill level and insufficient Total Active Federal Military Service (TAFMS); first term, non-prior service female airman who is discovered pregnant before enlistment and was immediately discharged; or first term airman involuntarily separated (entry-level) for inability to satisfactorily progress in required training without characterization of service or first term airman involuntarily separated for failure to progress in military training. A complete copy of the DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 Jan 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the 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 the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2014-03998 in Executive Session on 13 May 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03998 was considered: Exhibit A. DD Form 149, dated 25 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSOA, dated 21 Nov 14. Exhibit D. Letter, SAF/MRBR, dated 12 Jan 15.