RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01120
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 2C be changed to 3A so that he
can enlist in the Air Force Reserve.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He and his recruiter were misled to believe that he could enlist in the Air
Force Reserve while on unsupervised probation.
He enlisted in the Air Force Reserve on 3 Mar 04. He was charged with
Driving Under the Influence (DUI) on April 4, 2004. He agreed to pay a
$2,500 fine and perform 80 hours of community service. The court agreed to
suspend his sentence upon completion of Basic Military Training, Technical
School and return to his home of record.
He has paid his fine, completed community service and is no longer on
probation. He has not been in any trouble since this incident. Over the
last three years, he has demonstrated personal growth and maturity and
would like to enlist in the Reserve.
In support of his application, the applicant submits an AF Form 100,
Request and Authorization for Separation, an electronic mail message, and
letters from his discharge package.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged from the Regular Air Force on 9 Jun 04 for
Erroneous Entry. He had served one month on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFRC/A1E recommends denial. A1E states the applicant has not provided
documentation to support his request. His RE code of 2C does not preclude
him from reentering the Air Force or Air Force Reserve, if he meets entry
requirements.
The complete A1E evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 11 Apr
08 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 this application in Executive
Session on 7 August 2008, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Judith B. Olvia, Member
Mr. John E. Petitt, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2008-01120:
Exhibit A. DD Form 149, dated 20 Mar 08, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFRC/A1E, dated 4 Apr 08..
Exhibit D. Letter, SAF/MRBR, dated 11 Apr 08.
MICHAEL J. NOVEL
Panel Chair
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