RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02242 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His reentry (RE) code of “3A” (First term airman who separates before completing 36 months on current enlistment and who has no known disqualifying factors or ineligibility conditions except grade, skill level, and insufficient Total Active Federal Military Service) be changed to allow him to reenlist in the military. 2. His separation code and narrative reason for separation be changed to reflect his release from active duty was due to “Force Shaping” rather than “Miscellaneous/General Reasons.” _________________________________________________________________ APPLICANT CONTENDS THAT: He received a Department of Veteran Affairs (DVA) eligibility certificate; however, when he went to use it to purchase a home, the DVA loan was denied. The DVA indicated they disapproved his loan due to line #28 (Narrative Reason for Separation) on his DD Form 214, Certificate of Release or Discharge from Active Duty. In support of his appeal, the applicant provides a personal statement, a letter to his local Congressman, copies of his DD Form 214, a copy of his separation order, an electronic communication in regard to his separation, and DVA documentation. A copy of the applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 11 May 2004, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1). He was promoted to the grade of airman (E-2) with a date of rank of 11 November 2004. On 14 April 2005, the applicant requested early separation under the Fiscal Year 2004 Limited Active Duty Service Commitment (LADSC) Waiver Program. His date of separation was approved in accordance with Military Personnel Flight Memorandum (MPFM) 04- 35, dated 11 August 2004. The applicant was honorably discharged effective 22 June 2005 with an RE code of “3A,” a separation code of “MND,” and a narrative reason for separation of “Miscellaneous/General Reasons.” ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states that according to MPFM 04-35, personnel who separate under the LADSC Waiver Program will do so under the miscellaneous provisions of Air Force Instruction 36-3208. Based on the documentation on file in the master personnel records, the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation. The applicant did not submit any evidence or identify any errors or injustices that occurred in the separation processing. He provided no facts warranting a change to his separation action. His narrative reason for separation of “Miscellaneous/General Reasons” is correct. The complete DPSOS evaluation, with attachment, is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA states the applicant does not give a reason his RE code is incorrect, but states he was told it is not correct. After reviewing his master personnel record along with the documentation he provided, the applicant’s RE code of “3A” is correct, as he only completed 1 year, 1 month, and 12 days of his four-year enlistment. According to AFI 36- 2606, Reenlistments in the USAF, Chapter 3, all four-year enlistees who separate prior to completing 36 months of service receive an RE code of “3A,” as long as a negative RE code does not apply. The complete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 17 December 2010, for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim 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-2010-02242 in Executive Session on 3 March 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-02242: Exhibit A. DD Form 149, dated 16 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 9 Nov 10, w/atchs. Exhibit D. Letter, AFPC/DPSOA, dated 10 Nov 10. Exhibit E. Letter, SAF/MRBR, dated 17 Dec 10. Panel Chair