RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00708 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed from “2B – Discharged under general or other-than-honorable conditions” to “3K – Reserved for use by HQ AFPC or Air Force Board for Correction of Military Records when no other reenlistment eligibility code applies,” and his rank of Staff Sergeant (SSgt)/E-5 restored. APPLICANT CONTENDS THAT: Block 24, Character of Service, on his DD Form 214, Certificate of Release or Discharge from Active Duty, reads “Under Honorable Conditions” and is a contradiction to the 2B RE code. The sole reason for his discharge was due to his inability to deal with difficulties associated with his marriage. Had he received the necessary counseling to help resolve his personal problems, he would not have been discharged and would have retired at the rank of Staff Sergeant (SSgt)/E-5. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 24 Jul 73, the applicant entered the Regular Air Force. On 12 Feb 74, he received an Article 15, Uniform Code of Military Justice (UCMJ) for receiving a stolen six pack of soft drinks. He was reduced in rank to Airman and ordered to forfeit $100.00 per month for one month. He acknowledged receipt the same day. On 15 Feb 83, he received an Article 15, UCMJ for negligently damaging military property. He acknowledged receipt the same day. On 23 May 83, he received a Letter of Reprimand (LOR) for failing to execute his duties as directed. He acknowledged receipt the same day. On 5 Nov 83, he received an LOR for a trip deviation. He acknowledged receipt the same day. On 14 Nov 83, he received an LOR for failure to complete an Airman Performance Report (APR) on a subordinate, in a timely manner. He acknowledged receipt the same day. On 14 Jan 84, the applicant was notified of his commander’s intent to demote for numerous infractions including three Records of Individual Counseling, three LORs, and an Article 15, UCMJ. He acknowledged receipt the same day indicating he would submit a written statement on his own behalf. On 14 Mar 84, he submitted a rebuttal regarding the proposed demotion indicating the stress of doing the same job and his personal problems became too much so on his own, he went to the Mental Health clinic. On 16 Apr 84, the Staff Judge Advocate (SJA) found the demotion action legally sufficient. On 1 May 84, he was demoted from SSgt to Sgt under the provisions of Air Force Regulation (AFR) 39-30, Administrative Demotion of Airmen. He acknowledged receipt that same day. On 9 May 84, his commander recommended he be discharged for unsatisfactory performance under the provisions of AFR 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship, paragraph 5-26. He acknowledged receipt the same day. On 24 May 84, the discharge authority accepted his unconditional waiver dated 18 May 84 and directed the applicant be furnished a general discharge in lieu of a hearing. On 11 Jun 84, the applicant received a general, under honorable conditions discharge. He was credited with 10 years, 10 months, and 18 days of active service. On 24 Feb 15, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ? AIR FORCE EVALUATION: AFPC/DPSOA recommends denial indicating the applicant does not provide any proof of an error or injustice in reference to his RE code. Although he contends the 2B RE code and his general, under honorable conditions, discharge are not compatible, the 2B RE code is the only RE code authorized with a general discharge. The applicant received the general character of service based on over 11 separate incidents of misconduct, unsatisfactory on-the-job performance, and failure to perform assigned tasks. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. AFLOA/JAJM recommends denial indicating there is no clear injustice, error or good cause to reverse or otherwise change the commander’s decision to administratively demote the applicant to the grade of E-4. The applicant was demoted for dereliction of duty and a false official statement. He consulted counsel, elected to submit a written statement and waived his right to have his case heard by an administrative demotion board. The demotion authority elected to demote him and it was found legally sufficient by the Staff Judge Advocate (SJA). While the applicant did not mention his marital issues in his original response to the commander’s notification of intent to demote, it was well documented in his written statement and attachment from the mental health clinic. The commanders reviewing the applicant’s personnel file and written submission were in the best position to make a determination as to the appropriateness of administrative demotion. The SJA found the decision legally sufficient and the applicant has not provided any new evidence to rebut that finding. A complete copy of the AFLOA/JAJM evaluation is at Exhibit E. AFPC/DPSOE recommends denial of the applicant’s request to remove the demotion action and restore his rank to SSgt. There is no evidence of any irregularities or that the applicant’s case was mishandled in any way. The commander acted within his authority to demote the applicant from SSgt to Sgt, and vacate his Non- Commissioned Officer (NCO) status. A complete copy of the AFPC/DPSOE evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 15 Oct 15 for review and comment within 30 days (Exhibit G). 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 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 regarding the applicant’s request for change to his reenlistment eligibility and demotion. The Board took notice of the applicant's complete submission, including attachments, in judging the merits of the case; however, the Board found no errors in the discharge processing, no evidence that he was denied rights to which he was entitled, and it appears the RE code assigned is appropriate and correct. The applicant has provided no evidence which would lead us to believe the RE code and demotion were contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. In that respect, the Board agrees with the Air Force OPRs and adopts their rationale as the basis for their conclusion the applicant has not been the victim of an error or injustice. Further, in the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2015-00708 was considered: Exhibit A. DD Form 149, dated 28 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 24 Feb 15. Exhibit D. Memorandum, AFPC/DPSOA, dated 1 Apr 15. Exhibit E. Memorandum, AFLOA/JAJM, dated 11 Aug 15. Exhibit F. Memorandum, AFPC/DPSOE, dated 22 Sep 15. Exhibit G. Letter, SAF/MRBR, dated 15 Oct 15.