Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2006-03244
Original file (BC-2006-03244.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03244
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  24 APRIL 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2P” (Separated  under  AFR  39-10
as marginal performer or  to  preserve  good  order  and  discipline,  Basic
Military Training (BMT) eliminees discharge  due  to  erroneous  enlistment,
concealment of civilian convictions, etc.) be  changed  to  “2C”  (separated
with other than honorable conditions).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code of “2P” was a simple typo.  He was  not  discharged  because  he
was absent without leave (AWOL).   He  was  discharged  because  he  thought
there was a problem at home with his mother.  His RE code should be  “2C”  –
Involuntary Honorable Discharge.

In support of the application, the applicant submits a copy of his DD 214.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 Jun  80.   On  15  Jul
80, he was referred to the Mental Hygiene  Clinic  where  he  was  seen  and
evaluated by a psychiatric counselor.   The  applicant  was  diagnosed  with
significant depression and  suicidal  rumination  and  considered  to  be  a
significant suicidal risk for continued BMT.  His immediate  separation  was
recommended.

On  18  Jul  80,  the  applicant’s  commander  notified  him  that  he   was
recommending he be discharged under the provisions of AFR 39-10, Chapter  3,
para 3-18, for marginal performance.  The applicant acknowledged receipt  of
notification and declined to request retention in the Air  Force.   A  legal
review by the Staff Judge Advocate found the case legally sufficient and  an
honorable discharge was recommended.  The discharge authority  approved  the
recommended separation and the applicant was honorably discharged on 21  Jul
80.  He had served 22 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in  the  applicant’s  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.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no facts warranting an upgrade of  her
discharge.

The complete DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  on  1  Dec  06.   As  of  this  date,  no
response has 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 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 opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the  applicant  has  not  been  the  victim  of  an  error   or   injustice.
Additionally, we note HQ AFPC/DPPAE informed the applicant that he  was  not
discharged due to AWOL and provided him with a detailed explanation  on  the
provisions of his discharge.  In view of  the  aforementioned,  we  find  no
basis to grant the relief sought in this case.

________________________________________________________________

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-2006-
03244 in Executive Session on 18 January 2007, under the provisions  of  AFI
36-2603:

                  Mr. Michael K. Gallogly, Panel Chair
                  Ms. Mary C. Puckett, Member
                  Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atch.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, 16 Nov 06.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 06.



                                   MICHAEL K. GALLOGLY
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00505

    Original file (BC-2003-00505.doc) Auto-classification: Approved

    On 19 Oct 81, the discharge authority directed applicant be discharged with an honorable discharge. Although the applicant has requested that his separation code be changed to medical reasons or in the best interest of the Air Force, we found no evidence that his physical fitness to perform his duties at the time of his separation was questionable. We note that the BCMR Medical Consultant indicated that the evidence of record supports a change to the applicant’s separation document...

  • AF | BCMR | CY2000 | 0002050

    Original file (0002050.doc) Auto-classification: Approved

    On 31 Jul 81, the applicant was discharged under the provisions of AFR 39-10 (Failed to Meet Physical Standards for Enlistment) with an honorable characterization of service in the grade of airman basic with an RE code of 2P (Separated under AFR 39-10 as marginal performer or to preserve good order and discipline, Basic Military Trainee (BMT) eliminees discharged due to erroneous enlistment, concealment of civilian convictions, and so forth) and a separation code of JFU (Failed to Meet...

  • AF | BCMR | CY2002 | 0101881

    Original file (0101881.doc) Auto-classification: Denied

    The evaluation is at Exhibit C. AFPC/DPPAE states that they find no documentation to support the Reenlistment Eligibility (RE) code of 2P, “Absent without leave (AWOL); deserter or dropped from rolls (DFR).” However, based on documentation and member’s narrative reason for separation “marginal performer” they recommend the applicant’s code be changed to 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” which they feel...

  • AF | BCMR | CY2000 | 9901087

    Original file (9901087.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01087 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed from 2P to a favorable code. Therefore, recommend his record be corrected accordingly. Exhibit B.

  • AF | BCMR | CY2003 | BC-2003-00339

    Original file (BC-2003-00339.doc) Auto-classification: Approved

    Under current provisions, AFI-36-2606, Reenlistment in the Air Force, a “2P” RE code is used to identify personnel “absent without leave; deserter or dropped from rolls.” However, there is no need to change her RE Code, because it was properly assessed under current provisions at the time. We note that the applicant was discharged from the Air Force for “marginal performance.” The applicant has not provided sufficient evidence that she should have received an RE code that would allow her...

  • AF | BCMR | CY2003 | BC-2003-03038

    Original file (BC-2003-03038.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03038 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed. When the applicant was discharged he received an RE code of “2P” which at that time indicated the applicant was a marginal performer. ...

  • AF | BCMR | CY2013 | BC 2013 03728

    Original file (BC 2013 03728.txt) Auto-classification: Denied

    However, RE code 2P did not have the meaning of AWOL at the time of his discharge. The applicant’s RE code is the correct RE code per the applicable guidance at that time. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility, and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.

  • AF | BCMR | CY2014 | BC 2014 00499

    Original file (BC 2014 00499.txt) Auto-classification: Denied

    On 10 Jul 79, the Internal Medicine Clinic recommended the applicant be discharged for a medical condition that existed prior to entry into the service. In his request the applicant acknowledged that a medical board had determined that at the time of entry into military service he did not meet the minimum medical standards for enlistment into the Air Force. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of...

  • AF | BCMR | CY2002 | 0102264

    Original file (0102264.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 01-02264 INDEX CODE 100.06 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed from “2C” (Involuntarily separated with an entry level separation without characterization of service) to “1B” [sic – There is no “1B” RE code. A complete copy of the evaluation is at...

  • AF | BCMR | CY2006 | BC-2006-02887

    Original file (BC-2006-02887.doc) Auto-classification: Approved

    Based on the circumstances of his discharge, they found no evidence or injustice; therefore, applicant’s RE code is correct. HQ AFPC/DPPAE’s complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 Nov 06 for review and comment within 30 days. ___________________________________________________________________ THE BOARD...