RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00620
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C (Involuntarily separated with an
honorable discharge, or entry level separation without
characterization of service) be changed to a 3K (Secretarial
Authority).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He wants his RE code upgraded to reenter the Air Force.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and a radiology report.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 Jun 08, the applicant contracted his enlistment in the
Regular Air Force. He served as a security forces helper.
On 4 Nov 08, his commander notified him that he was recommending
his discharge from the Air Force for erroneous enlistment. The
specific reason for the discharge action was that on 17 Oct 08,
he was diagnosed with a medical condition (migraines) that
existed prior to his entering the Air Force.
His commander advised him of his rights in this matter.
On 4 Nov 08, he acknowledged receipt of the notification of
discharge and waived his right to military legal counsel and to
submit a statement in his own behalf.
On 5 Nov 08, the legal office reviewed the case and found it
legally sufficient and recommended a entry level separation.
On 12 Nov 08, the discharge authority directed an entry level
separation without probation and rehabilitation.
He was discharged on 18 Nov 08. He had served five months and
two days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the applicant has not
provided any evidence to show the RE code he received was an
error or injustice. He was separated for erroneous entry due to
an existing medical condition (migraines) that existed prior to
his entering military service; and not for medical reasons which
would require a medical discharge. The RE code of 2C is
appropriate and is based on his being separated with an
involuntary entry level separation. DPSOA further notes the
applicant was notified that the type of separation and
characterization of service was erroneously listed on his DD Form
214; and that it will be administratively corrected to reflect an
entry level separation with uncharacterized service.
The complete AFPC/DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluations was forwarded to the
applicant on 10 Sep 10, 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 an injustice. We took
notice of the applicants 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 decision 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-2010-00620 in Executive Session on 14 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Feb 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 18 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 10 Sep 10.
Panel Chair
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