RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02433
INDEX CODE: 100.06, 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 FEBRUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed from “2C” to an eligible
code to permit reentry into the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The medical officer handling his discharge told him he could reenlist
anytime as long as he met the age eligibility.
He entered the Air Force as a security forces apprentice. In his second
week of technical training during a firing exercise for the M60, there was
a weapon malfunction resulting in minor injuries. As a result of this
injury he was offered a change in military occupational specialty (MOS), or
a discharge. He chose the MOS offer which was a change from security
forces to intelligence. The intelligence training required he have a
sufficient security clearance to start school. After three weeks without a
class assignment, being detailed to the Laundromat, and assigned cleaning
chores, he became very frustrated. His frustration led to discipline
problems. He was told by another enlistee if he requested psychological
counseling he could get out of the service. Since he was not receiving the
classification needed, and was not allowed to start classes, he did not
want to fold laundry for four years.
He has never lost his desire to serve his country. He is now 24, and owns
his own lawn & landscape business. He would like to actively serve his
country and have the opportunity to return to the military and possibly
make it his lifetime career.
In support of his request, applicant provided his personal statement, and
his DD Form 214, Certificate of Release or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 29 Dec 98, in the grade of
airman basic (E-1), for a period of four years, as a Security Forces
Apprentice.
On 3-10 May 99, a mental health evaluation was conducted and the following
diagnoses were made:
Axis I: Adjustment Disorder with Mixed Emotions and
Disturbance of Conduct: chronic
Axis II: Personality Disorder NOS, with anti-social and
passive/aggressive traits
Axis III: None by patient report
On 17 May 99, the squadron commander notified the applicant that he was
recommending he be discharged from the Air Force for mental health reasons.
If approved his discharge would be described as an entry level separation.
His reason for the proposed action was a statement of evaluation from
doctors at the Behavioral Health Clinic stating that applicant’s continued
service in the USAF was not recommended. Also, his ability to handle
stress and his adverse hostile reactivity significantly impairs his ability
to function in the military.
On 18 May 99, applicant acknowledged receipt of the discharge notification
and waived his right to consult with legal counsel and submit statements in
his own behalf.
The wing deputy staff judge advocate found the case file legally sufficient
to support separation and recommended applicant be separated with an entry-
level separation without probation and rehabilitation. On 7 Jun 99, the
discharge authority approved an entry-level separation.
On 14 Jun 99, the applicant received an uncharacterized entry level
separation and was issued an RE code of 2C (involuntarily separated with an
entry-level separation). He served 5 months and 16 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 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:
Applicant provided additional documents in the form of a Report of
Psychiatric Evaluation, a letter of character reference from his Rabbi, a
letter of recommendation from the St. Lucie Board of County Commissioners
Department of Veterans Services, a mental health evaluation, a letter of
character reference from a client, and a statement from his parents.
Applicant’s complete response is at 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. 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. The assigned code
reflects the Air Force’s position regarding whether or not or under what
circumstances, the individual should be allowed to reenlist. The evidence
of record supports the Air Force’s stated reasons for applicant’s
separation. We noted the great changes in the applicant’s life, however,
we are not persuaded that the assigned code is in error or unjust or that a
change of the RE code is warranted. 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 Docket Number BC-2006-
02433 in Executive Session on 24 October 2006, under the provisions of AFI
36-2603:
Mr. Michael V. Barbino, Panel Chair
Mr. James L. Sommer, Member
Mr. Vance E. Lineberger, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02433 was considered:
Exhibit A. DD Form 149, dated 8 Aug 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 25 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 8 Sep 06.
Exhibit E. Letter, Applicant, dated 3 Oct 06, w/atchs.
MICHAEL V. BARBINO
Panel Chair
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