RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00793

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His reentry code be changed to 3K (Reserved for use by AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate) so he can reenlist with an approved waiver. (Amended)

APPLICANT CONTENDS THAT:

He successfully completed the Air Force Alcohol and Drug Prevention and Treatment program and was a perfect candidate for being returned to unrestricted duty.  However, his commander made an error in judgement when he recommended that he be discharged.  The Air Force Discharge Review Board upgraded his character of service to honorable.  However, his reentry code prevents him from reentering military service.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 26 July 2005.

On 4 December 2008, the applicant was notified of his commander’s intent to recommend that he discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, for Drug Abuse.  The specific reason for this action was the applicant fraudulently obtained and used prescription drugs for which he received a letter of reprimand.  The commander recommended the applicant’s discharge be characterized as general (under honorable conditions).

On 19 December 2008 the staff judge advocate found the discharge action legally sufficient and informed the discharge authority that probation and rehabilitation was not available for members discharged for drug abuse and recommended the applicant be separated with a general (under honorable conditions) character of service.  The discharge authority approved the recommendation and on 22 December 2008, directed the applicant be discharged.

On 29 December 2008, the applicant was discharged with a general (under honorable conditions) character of service.  His reentry code is 2B (Separated with a general or under other than honorable conditions discharge) and his separation code and corresponding narrative reason for separation was JKK (Misconduct - Drug Abuse).

On 11 January 2013, the Air Force Discharge Review Board granted the applicant’s request to upgrade his discharge to honorable and to change the reason for the discharge; however, the request to change his reenlistment code was denied.  The applicant was issued a new DD Form 214 changing his character of service to honorable and his separation code to KFF (Secretarial Authority).  His reentry code was not changed.

According to AFI 36-2606, Reenlistment in the United States Air Force, an applicant with a “2” series reentry code is not eligible to reenlist in the Regular Air Force.  An applicant with a “3” series reentry code is eligible for prior service enlistment with an approved waiver.

For more information, see the excerpt of the applicant’s record at Exhibit B.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  The applicant was discharged on 29 December 2008, with a general (under honorable conditions) character of service.  Therefore, according to AFI 36-2606, he was appropriately assigned a reentry code 2B.  However, when the Air Force Discharge Review Board upgraded the applicant’s character of service to honorable, his reentry code should have changed to 2C (Involuntarily separated with an honorable character of service; or entry-level separation without characterization of service).

The applicant is requesting his reentry code be changed to one that will suggest he could reenlist; however,  the only reentry code the Air Force separates airmen with that will allow immediate reenlistment is 1J (Eligible to reenlist, but elects separation. [Airmen selected under the Selective Reenlistment Program and elect separation are given RE code 1J]).  The applicant was not selected for reenlistment; therefore, he does not qualify for this reentry code.  Unless otherwise directed by the Board, the applicant’s reentry code will be administratively corrected to 2C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 December 2017 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00793 in Executive Session on 17 May 2018:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 21 February 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 11 December 2017.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 December 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.