RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03965 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: 1. His separation code of JBK, which denotes “Completion of Required Active Service; Denied Reenlistment with half Separation Pay,” be changed. 2. His Reentry (RE) code of 2X, which denotes "1st term, 2nd term or career airman considered but not selected for reenlistment under the selective reenlistment program (SRP)," be changed to allow his reentry into the Air National Guard. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not informed of his reason for early separation and was under the impression it was due to down-sizing or re- organization of his career field. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 7 Jan 1992, the applicant enlisted in the Regular Air Force. On 17 Jul 1995, the applicant was notified by his commander that he was not recommending him for reenlistment in the Air Force. His reason for this action was the applicant had a history of marginal performance. On 27 Jul 1995, the applicant acknowledged receipt of his non- selection for reenlistment and stated that he did not intend to appeal this decision. On 27 Oct 1995, the applicant was honorably discharged. His narrative reason for separation was “Completion of Required Active Service.” ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicant’s request to change his separation code. DPSOR states that the applicant did not provide any evidence of an error or injustice that occurred in the discharge processing. Based on the documentation on file in the master personnel records, the discharge to include his 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 states that he was not informed of the reason for his separation; however, on 27 Jul 1995, he signed AF Form 418, stating that he acknowledged receipt of the official notification of non-selection for reenlistment. The complete DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code. DPSOA states that in accordance with AFI 36-2606, Reenlistment in the USAF, commanders have selective reenlistment selection or non-selection authority. The Selective Reenlistment Program considers the member’s Enlisted Performance Report ratings, unfavorable information from any substantiated source, the airman's willingness to comply with Air Force standards and/or the airman's ability (or lack of) to meet required training and duty performance levels. The applicant was discharged after his commander made a conscious decision by non-selecting him for reenlistment. He did not appeal the decision and did not provide any evidence of an error or injustice that would warrant a change of his RE code. The complete DPSOA evaluation, with attachment, is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 10 Dec 2012, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ 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 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 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 Docket Number BC- 2012-03965 in Executive Session on 30 May 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, 28 Aug 2012. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 22 Oct 2012. Exhibit D. Letter, AFPC/DPSOA, dated 28 Nov 2012, w/atch. Exhibit E. Letter, SAF/MRBR, dated 10 Dec 2012. Panel Chair