RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02655
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2X (first-term, second-term, or career
airman considered but not selected for reenlistment under the
[Selected Reenlistment Program] SRP) be changed to 1J (Eligible
to reenlist, but elects separation).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His RE code is incorrect as he was allowed to reenlist in the
Army National Guard. He has attempted to reenlist in the United
States Navy; however, he was denied due to his current RE code.
The applicant does not provide any evidence in support of his
appeal.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 8 October 1997 and was progressively
promoted to the grade of staff sergeant (E-5) effective
1 September 2003.
On 15 March 2007, he was released from active duty for completion
of required active service and honorably discharged with an RE
code of 2X and a separation code of LBK (Completion of
Required Active Service).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force. Accordingly, there is no need to recite these facts
in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the applicant has not
provided any evidence of an error or injustice that would warrant
a change of his RE code. The applicant was separated under the
Air Force Shaping Program and was entitled to half separation
pay. Although there is no Air Force Form 418, Selective
Reenlistment Program Consideration, not selecting him for
reenlistment, the Military Personnel Data System (MilPDS)
indicates that he was ineligible for promotion based on being
denied reenlistment. Based on the presumption of regularity, the
commander non-selected the applicant for reenlistment considering
the information listed in MilPDS. The fact he was allowed to
enter the Army National Guard does not mean his RE code of 2X
is incorrect, but that his RE code must have been waived or
overlooked. If the Regular Army wants to enlist the applicant, a
waiver of his RE code would be more appropriate than changing his
RE code to an incorrect code. The requested RE code of 1J does
not apply to the applicant as he was separated under the Force
Shaping Program due to being ineligible for reenlistment.
A complete copy of the DPSOA 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 1 October 2010, for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 an error or an 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 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 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-2010-02655 in Executive Session on 7 April 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-02655:
Exhibit A. DD Forms 149, dated 15 Jul 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 1 Sep 10.
Exhibit D. Letter, SAF/MRBR, dated 1 Oct 10.
Panel Chair
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