RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00516
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code 2C-Involuntarily separated with an
honorable discharge; or entry level separation without service
characterization be changed to allow him to enlist in the
National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his separation he received an honorable discharge.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 Mar 00, the applicant contracted his initial enlistment in
the Regular Air Force. He was progressively promoted to the
grade of senior airman having assumed that grade effective and
with a date of rank of 27 Jun 08.
An attempt to obtain documentation regarding the circumstances of
his discharge were unsuccessful, however; based on the available
information in his military records reflect he received two
referral Enlisted Performance Reports (EPRs) for failure to
maintain fitness standards.
His performance report profile is as follows:
PERIOD ENDING OVERALL EVALUATION
15 Oct 01 3
23 Oct 02 3
23 Aug 03 4
24 Aug 04 5
01 Apr 05 5
15 Feb 06 5
15 Feb 07 4
*15 Feb 08 1
*25 Aug 08 3
*Referral report
The applicant was honorably discharged on 17 Nov 08, under the
provisions of Air Force Instruction 36-3208, with a narrative
reason for separation of Physical Standards. He served eight
years, eight months and three days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOA recommends denial. DPSOA states service members
who are involuntarily separated with a honorable discharge
receive an RE code of 2C which denotes involuntarily separated
with a honorable discharge; or entry level separation without
characterization of service. The applicant has not provided any
documentation or justification to support a change in his RE
code.
The HQ AFPC/DPSOA complete evaluation is at Exhibit C.
HQ AFPC/DPSOS recommends denial. DPSOS states insufficient
evidence was found in the applicants military records reflecting
the circumstances of his discharge. Absent this documentation,
there is a presumption of regularity the applicant was afforded
due process and the discharge was consistent with the procedural
and substantive requirements of the discharge instruction. The
applicants record reflects he received two referral EPRs for
failure to maintain fitness standards. The EPR for the period
ending 25 Aug 08, stated the applicant repeatedly failed fitness
evaluations.
The HQ AFPC/DPSOA complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant 16 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 compelling
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-2009-00516 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 16 Feb 09.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOA, 4 Sep 09.
Exhibit E. Letter, HQ AFPC/DPSOS, dated 25 Sep 09.
Exhibit F. Letter, SAF/MRBR, dated 16 Oct 09.
Panel Chair
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