RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00516 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code 2C-Involuntarily separated with an honorable discharge; or entry level separation without service characterization be changed to allow him to enlist in the National Guard. _________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his separation he received an honorable discharge. Applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 15 Mar 00, the applicant contracted his initial enlistment in the Regular Air Force. He was progressively promoted to the grade of senior airman having assumed that grade effective and with a date of rank of 27 Jun 08. An attempt to obtain documentation regarding the circumstances of his discharge were unsuccessful, however; based on the available information in his military records reflect he received two referral Enlisted Performance Reports (EPRs) for failure to maintain fitness standards. His performance report profile is as follows: PERIOD ENDING OVERALL EVALUATION 15 Oct 01 3 23 Oct 02 3 23 Aug 03 4 24 Aug 04 5 01 Apr 05 5 15 Feb 06 5 15 Feb 07 4 *15 Feb 08 1 *25 Aug 08 3 *Referral report The applicant was honorably discharged on 17 Nov 08, under the provisions of Air Force Instruction 36-3208, with a narrative reason for separation of Physical Standards. He served eight years, eight months and three days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOA recommends denial. DPSOA states service members who are involuntarily separated with a honorable discharge receive an RE code of 2C which denotes involuntarily separated with a honorable discharge; or entry level separation without characterization of service. The applicant has not provided any documentation or justification to support a change in his RE code. The HQ AFPC/DPSOA complete evaluation is at Exhibit C. HQ AFPC/DPSOS recommends denial. DPSOS states insufficient evidence was found in the applicant’s military records reflecting the circumstances of his discharge. Absent this documentation, there is a presumption of regularity the applicant was afforded due process and the discharge was consistent with the procedural and substantive requirements of the discharge instruction. The applicant’s record reflects he received two referral EPRs for failure to maintain fitness standards. The EPR for the period ending 25 Aug 08, stated the applicant repeatedly failed fitness evaluations. The HQ AFPC/DPSOA complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant 16 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 compelling 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-2009-00516 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 16 Feb 09. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSOA, 4 Sep 09. Exhibit E. Letter, HQ AFPC/DPSOS, dated 25 Sep 09. Exhibit F. Letter, SAF/MRBR, dated 16 Oct 09. Panel Chair