RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00791
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 2C which denotes
"Involuntarily separated with an honorable discharge; or entry
level separation without characterization of service" be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His excuses of being depressed and having a prior suicide attempt
to get out of the military were false and ill-advised. He later
told the truth to the mental health counselor. He was advised
that he would be allowed back in the military after one year,
regardless of the reason for his discharge. At the time, he was
immature and made an impulsive decision. Prior to leaving for
basic military training, his mother charged over 30,000 dollars
of credit card debt in his name. He became scared and made an
ignorant choice to separate by any means necessary. He has made
several attempts to reenlist; however, the recruiters stated he
was ineligible even though his RE code is waiverable. He has
since matured and has learned from his experiences and requests a
second chance to serve his country.
In support of his request, applicant provides personal
statements, copies of his bankruptcy final decree, his DD Form
214, Certificate of Release or Discharge from Active Duty and his
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 December 2007, the applicant enlisted in the Regular Air
Force.
On 11 January 2008, he was notified by his commander that he was
recommending his discharge from the Air Force for unsatisfactory
entry level performance or conduct. The specific reasons for
this action were his failure to adapt to the military
environment, failure to make satisfactory progress in a required
training program, and a reluctance to make the effort necessary
to meet Air Force standards of conduct and duty performance.
The applicant was counseled and afforded an opportunity to
overcome his deficiencies. The applicant acknowledged receipt of
the notification of discharge and was afforded the opportunity to
submit statements in his own behalf. The discharge authority
approved the separation and directed he be discharged with an
uncharacterized entry level separation.
On 16 January 2008, he was discharged in the grade of airman
first class with an uncharacterized character of service for
entry level performance and conduct.
_________________________________________________________________
AIR FORCE EVALUATION:
DPSOA recommends denial. DPSOA states it would make more sense
for the recruiters to process a waiver for the RE code, rather
than to change the RE code from the correct code that accurately
reflects his circumstances at the time of his discharge. The
applicant did not provide any supporting evidence of an error or
injustice. RE code 2C is appropriate based on his entry level
separation with an uncharacterized character of service.
The complete DPSOA evaluation is at Exhibit C.
DPSOS recommends denial. DPSOS states the applicant contends
that he fabricated symptoms of depression and suicide ideation as
a method to separate from the Air Force. The applicant signed a
mental health evaluation memorandum agreeing with the findings
and recommendations. DPSOS states airmen are given entry level
separation/uncharacterized service characterization when
separation is initiated in the first 180 days of continuous
active service. The Department of Defense (DoD) determined if a
member served less than 180 days of continuous active service, it
would be unfair to the member and the service to characterize
their limited service. Therefore, the uncharacterized character
of service which resulted in the RE code of 2C is correct and in
accordance with (IAW) DoD and Air Force instructions. Based on
the documentation on file in the master personal records, the
discharge to include the service characterization was
appropriately administered and within the discretion of the
discharge authority. The applicant did not provide any evidence
of an error or injustice in the processing of his discharge.
The complete DPSOS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 18 December 2009 for review and comment within
30 days. As of this date, this office has received no response
(Exhibit E).
_________________________________________________________________
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 to warrant
changing his RE code. We took notice of the applicants complete
submission in judging the merits of the case, however, we agree
with the opinions and recommendations of the Air Force OPRs and
adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. 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 an 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-2009-00791 in Executive Session on 28 January 2010
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2009-00791 was considered:
Exhibit A. DD Form 149, dated 13 March 2009, w/atchs.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 18 November 2009.
Exhibit D. Letter, AFPC/DPSOS, dated 16 December 2009.
Exhibit E. Letter, SAF/MRBR, dated 18 December 2009.
Panel Chair
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