RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01729
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 4 DECEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 2C be changed to a code that
would allow him to reenter military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told he could reenlist with his current RE code; however, his
recruiter told him the code needed to be changed.
In support of the application, the applicant submits copies of his DD 214.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 29 Jan 02 in the grade of
airman basic. He was promoted to the grade of airman first class effective
and with a date of rank of 30 May 03.
The applicant was referred to the mental health clinic where he was seen
and evaluated by a staff psychiatrist. The applicant was diagnosed with a
major depressive disorder and dependant personality disorder and considered
not fit for continued military service.
On 24 Nov 03, the applicant was notified by his commander of her intent to
recommend that he be discharged from the Air Force under the provisions of
AFPD 36-32 and AFI 36-3208. The reason for her actions was based on the
staff psychiatrist's diagnosis that the applicant's personality disorder
was so severe his ability to function in a military environment was
significantly impaired. The applicant acknowledged receipt of the
notification and waived his right to consult counsel or submit statements
in his own behalf. The commander thereafter initiated a recommendation for
the applicant’s separation.
In a legal review of the case file, the staff judge advocate found the case
legally sufficient and recommended that he be discharged. On 4 Dec 03, the
discharge authority concurred with the recommendations and directed that he
be discharged with an honorable discharge, without probation and
rehabilitation. Applicant was discharged on 17 Jan 04. He served 1 year,
11 months and 19 days on active duty. An RE code of 2C (involuntarily
separated with an honorable discharge) was applied.
_________________________________________________________________
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 a change to his
RE code.
The complete DPPRS evaluation is at Exhibit C.
HQ AFPC/DPPAE recommends denial. DPPAE states they found no evidence of
error or injustice; nor did the applicant submit any evidence of such.
The complete DPPAE evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 13 Jul
07 for review and comment within 30 days. As of this date, this office has
received no response (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 the conclusion that
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 probable 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 BC-2007-01729 in
Executive Session on 29 August 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Gregory A. Parker, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Apr 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 8 Jun 07.
Exhibit D. Letter, HQ AFPC/DPPAE, dated 22 Jun 07
Exhibit E. Letter, SAF/MRBR, dated 13 Jul 07.
THOMAS S. MARKIEWICZ
Chair
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