RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01530
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 4M (Breach of enlistment/reenlistment agreement)
be changed to a waiverable code.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Everyone deserves a second chance. He was not ready to serve in the
military two years ago; however, he should be allowed to serve his country
now. He made a mistake the first time but everyone makes mistakes. He
really wants another chance to serve his country and will try until he is
not able to try anymore.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 Aug 07 for a period
of six years.
On 28 Sep 07, the applicant’s commander notified the applicant that he was
recommending he be separated from the Air Force under the provisions of Air
Force Policy Directive 36-32 and Air Force Instruction 36-3208, Chapter 5,
Section 5D, paragraph 5.22.2 for unsatisfactory entry level performance or
conduct. The applicant was advised of his rights, acknowledged receipt of
the notification and, after consulting military legal counsel, waived his
right to submit a statement on his own behalf.
On 1 Oct 07, the discharge authority approved the recommended separation
and directed the applicant be discharged for the reasons recommended by his
commander, without an offer of probation and rehabilitation. On 4 Oct 07,
the applicant was discharged with uncharacterized service. He had served 1
month and 21 days on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letters prepared by
the appropriate office of the Air Force at Exhibits C & D.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. On 27 Sep 07, the applicant requested his
separation from the Air Force because he had “no motivation to stay in the
Air Force and it would be a waste of government time and money to retain
him.” He signed a statement and was briefed he would receive an entry
level separation.
Airman are given an entry-level separation/uncharacterized service
characterization when separation is initiated in the first 180 days of
continuous active service. The Department of Defense determined it would
be unfair to characterize a member who served less than 180 days continuous
active duty service.
The applicant’s reentry code of 4M is incorrect and should reflect a
reentry code of 2C (Involuntarily separated with an honorable discharge; or
entry level separation). Although the reentry code of 4M was improperly
assigned, the error does not affect the basis of his discharge.
The complete DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial. DPSOA states the applicant’s incorrect
reentry code of 4M will be administratively corrected to reflect 2C unless
otherwise directed by the Board.
The complete DPSOA 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
Dec 09, 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 timely filed.
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 opinions and recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our determination
that relief beyond that already granted administratively is not warranted.
_________________________________________________________________
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 BC-2009-01530 in
Executive Session on 9 Mar 10, under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 May 2009.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 27 Nov 09.
Exhibit D. Letter, HQ AFPC/DPSOA, dated 3 Dec 09.
Exhibit E. Letter, SAF/MRBR, dated 18 Dec 09.
Chair
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