RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00653
INDEX NUMBER: 100.06
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2C be changed to a waiverable
RE code.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The RE code he received at the time of his discharge was not in error.
He was young and immature and used the system to get out of an unpleasant
situation. He did not fully understand the consequences of his actions
at the time, and would like to remedy his decision. It has been nearly
ten years since he left the Air Force. Since his discharge, he has
obtained his Bachelor’s Degree with a 3.3 GPA.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 21 Jun 94, in the grade of
airman basic (E-1), for a period of four years.
On 1 Jul 94, applicant was referred for a mental health evaluation and
was deemed fit for duty and was recommended to attend the Airman’s re-
motivation group.
On 5 Jul 94, a second mental health evaluation was conducted and the
following diagnoses were made:
Axis I: Occupational Problem
Axis II: No diagnosis (antisocial, narcissistic and
passive-aggressive traits)
Axis III: Non-contributory
On 12 Jul 94, the applicant received notification that he was being
recommended for discharge from the Air Force for unsatisfactory entry-
level performance or conduct. The basis for this action was the
applicant’s lack of aptitude for military service, failure to adapt to
the military environment, failure to make satisfactory progress in a
required training program, reluctance to make the effort necessary to
meet Air Force standards of conduct and duty performance, and lack of
self-discipline.
On 12 Jul 94, applicant acknowledged receipt of the discharge
notification and waived his right to consult with legal counsel and
submit statements in his own behalf.
On 14 Jul 94, the wing assistant staff judge advocate found the case file
legally sufficient to support separation and recommended applicant be
separated with an entry level separation. On 20 Jul 94, the discharge
authority approved an entry level separation.
On 22 Jul 94, the applicant received an uncharacterized entry level
separation and was issued an RE code of 2C (involuntarily separated under
AFR 39-10 with an entry level separation). He served 1 month and 2 days
on active duty.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends the application be denied, and states, in part,
based on the documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive requirements
of the discharge regulation. The discharge was within the discretion of
the discharge authority.
Applicant did not submit any evidence or identify any errors or
injustices that occurred in the discharge processing. He provided no
facts warranting a change to the character of service or a change to his
reenlistment eligibility code.
Airmen are given entry-level separation/uncharacterized service
characterization when separation is initiated in the first 180 days of
continuous active service. The Department of Defense (DoD) determined if
a member served less than 180 days continuous active service, it would be
unfair to the member and the service to characterize their limited
service. Therefore, his uncharacterized character of service is correct
and in accordance with DoD and Air Force instructions.
A complete copy of the Air Force evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 Mar 04, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment within 30 days. To date, a reply has
not been received by this office (Exhibit D).
___________________________________________________________________
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 waive the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. At the time a member is separated
from the Air Force, they are furnished an RE code predicated upon the
quality of their service and the circumstances of their separation.
After careful consideration of the evidence provided, we are not
persuaded that the assigned RE code is in error or unjust or that an
upgrade of the RE code is warranted. Therefore, we find no basis upon
which to recommend favorable action on this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issue(s) involved. Therefore, the
request for a hearing is not favorably considered
___________________________________________________________________
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-2004-
00653 in Executive Session on 10 June 2004, under the provisions of AFI
36-2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Deborah A. Erickson, Member
Mr. Christopher D. Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Feb 04
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, HQ AFPC/DPPRS, dated 17 Mar 04
Exhibit D. Letter, SAF/MRBR, dated 26 Mar 04
BRENDA L. ROMINE
Panel Chair
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