RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01076 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment (RE) code 2X, “first-term, second term or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)” be changed to a 1J, “Eligible to reenlist but elects separation” to allow him to enter the Air National Guard or Air Force Reserves. _________________________________________________________________ APPLICANT CONTENDS THAT: He was honorably discharged under the early out (Force Shaping) program. In support of his request, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. Applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 Aug 99, the applicant contracted his initial enlistment in the Regular Air Force. He was progressively promoted to the grade of senior airman having assumed the grade effective and with a date of rank of 11 Dec 06. On 2 Mar 07, the applicant’s commander initiated an AF IMT 418, Selective Reenlistment Program Consideration, and did not select him for reenlistment. The basis for the nonselection was that he received an Article 15 for failure to pay his government travel card in a timely manner and assaulting his wife. On 3 Apr 07, he received an Article 15 for failure to report to work at the scheduled time on 29 Mar 07, after he had already been nonselected for reenlistment. On 15 Apr 07, the applicant received a referral enlisted performance report (EPR) with a mark down reflecting “Failure to meet minimum standards” in reference to his dress and appearance, weight and fitness, customs, and courtesies. He also received a mark down of “Unacceptable” in reference to his on/off duty conduct. On 1 Aug 07, he was honorably discharged. He served 7 years, 11 months and 14 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states in accordance with AFI 36-2602, Reenlistment in the USAF, commanders have selective reenlistment selection or nonselection authority. The SRP considers the service members EPR ratings, unfavorable information from any substantiated sources, the service member’s willingness to comply with AF standards and the service member’s ability or lack of to meet required training and duty performance levels. The AFPC/DPSOA complete evaluation is at Exhibit C. AFPC/DPSOS recommends denial. DPSOS states based on the documentation in his master military personnel records, to include his discharge and separation code was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant did not provide any evidence of an error or injustice that occurred in the discharge processing. The AFPC/DPSOS complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 15 Oct 09, for review and comment within 30 days. 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 opinions and the recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence 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 AFBCMR Docket Number BC-2009-01076 in Executive Session on 7 Jan 10 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Mar 09, w/atch. Exhibit B. Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSOA, dated 13 May 09. Exhibit D. Letter, HQ AFPC/DPSOS, dated 10 Aug 09. Exhibit E. Letter, SAF/MRBR, dated 16 Oct 09. Panel Chair