RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03478
INDEX CODE: 100.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of “2C” (Involuntarily separated with an entry
level separation without characterization of service) be changed to
“1.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
It has been nine (9) years since his separation. He has grown and
matured as a person. The RE code does not define or properly describe
the man he is today.
In support of his appeal, the applicant provides a copy of his
separation document.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 11 Mar 98 for period of
four years in the grade of airman basic.
On 15 Apr 98, the applicant was notified by his commander that she was
recommending his discharge from the Air Force for misconduct because
of his commission of a serious offense. The reason for this action
was that having knowledge of a lawful order issued by a commissioned
officer for him to return to training, on 7 Apr 98, he failed to obey
by refusing to return to training. For this offense, he received
nonjudicial punishment under Article 15 resulting in forfeiture of
$199.00 in pay. The applicant was advised of his rights in the matter
and that an entry level separation would be recommended. He waived
his right to consult counsel and submit statements in his own behalf.
On 20 Apr 98, the applicant was separated under the provisions of AFI
36-3208 (Misconduct) with an entry level separation and assigned an RE
code of 2C. He was credited with one (1) month and 10 days of active
service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial indicating the applicant’s RE code is
correct. There is no error or injustice. RE codes in the “1” series
are for those members eligible for immediate reenlistment and eligible
for prior service enlistment. The applicant did not complete his
first term of enlistment, but was involuntarily separated for
misconduct.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 1 Feb
08 for review and response within 30 days. 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 note the Secretary of the Air
Force has statutory authority to promulgate rules and regulations
governing the administration of the Air Force. In the exercise of
that authority, the Secretary has determined that members separated
from the Air Force would be furnished an RE code predicated upon the
quality of their service and circumstances of their separation. The
evidence of record indicates the applicant was given an entry level
separation for misconduct. As a result, he was assigned an RE code of
2C. It appears the applicant’s RE code was appropriately assigned and
accurately reflected the circumstances of his separation, and, we find
no evidence to indicate the assigned RE code was in error. In view of
the foregoing, and in the absence of evidence to the contrary, we
conclude that no basis exists to recommend favorable action on the
applicant’s request that his RE code of 2C be changed.
_________________________________________________________________
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-
2007-03478 in Executive Session on 4 Mar 08, under the provisions of
AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Garry G. Sauner, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Oct 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 10 Dec 07.
Exhibit D. Letter, SAF/MRBR, dated 1 Feb 08.
JAMES W. RUSSELL III
Panel Chair
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