RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01076
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment (RE) code 2X, first-term, second term or career
airman considered but not selected for reenlistment under the
Selective Reenlistment Program (SRP) be changed to a 1J,
Eligible to reenlist but elects separation to allow him to
enter the Air National Guard or Air Force Reserves.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was honorably discharged under the early out (Force Shaping)
program.
In support of his request, the applicant provided a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
Applicant's complete submission, with attachment, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 Aug 99, the applicant contracted his initial enlistment in
the Regular Air Force. He was progressively promoted to the
grade of senior airman having assumed the grade effective and
with a date of rank of 11 Dec 06.
On 2 Mar 07, the applicants commander initiated an AF IMT 418, Selective Reenlistment Program Consideration, and did not select
him for reenlistment. The basis for the nonselection was that he
received an Article 15 for failure to pay his government travel
card in a timely manner and assaulting his wife.
On 3 Apr 07, he received an Article 15 for failure to report to
work at the scheduled time on 29 Mar 07, after he had already
been nonselected for reenlistment.
On 15 Apr 07, the applicant received a referral enlisted
performance report (EPR) with a mark down reflecting Failure to
meet minimum standards in reference to his dress and appearance,
weight and fitness, customs, and courtesies. He also received a
mark down of Unacceptable in reference to his on/off duty
conduct.
On 1 Aug 07, he was honorably discharged. He served 7 years, 11
months and 14 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states in accordance with
AFI 36-2602, Reenlistment in the USAF, commanders have selective
reenlistment selection or nonselection authority. The SRP
considers the service members EPR ratings, unfavorable
information from any substantiated sources, the service members
willingness to comply with AF standards and the service members
ability or lack of to meet required training and duty performance
levels.
The AFPC/DPSOA complete evaluation is at Exhibit C.
AFPC/DPSOS recommends denial. DPSOS states based on the
documentation in his master military personnel records, to
include his discharge and separation code was consistent with the
procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority. The applicant did not provide any evidence of an
error or injustice that occurred in the discharge processing.
The AFPC/DPSOS 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 15 Oct 09, for review and comment within 30 days.
As of this date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and the
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has failed to sustain his burden of
proof of the existence 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 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-2009-01076 in Executive Session on 7 Jan 10 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Mar 09, w/atch.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOA, dated 13 May 09.
Exhibit D. Letter, HQ AFPC/DPSOS, dated 10 Aug 09.
Exhibit E. Letter, SAF/MRBR, dated 16 Oct 09.
Panel Chair
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