RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04219
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected as follows so she may qualify for enlistment
into the US Naval Reserve:
a. Her uncharacterized service be upgraded to honorable.
b. Her separation program designator (SPD) code,
separation authority, and narrative reason for separation be
changed to reflect she was discharged for a hardship condition
which no longer exists.
c. Her Reentry (RE) code of 2C (Entry-level separation
without character of service) be changed to 4A (Separated for
hardship or dependency reasons).
________________________________________________________________
APPLICANT CONTENDS THAT:
The conditions which precipitated her discharge from the Air
Force no longer exist and the requested changes would more
accurately characterize her military service and discharge. She
suffered a hardship in that her husband at the time was not
willing to cooperate or support her being in the military. The
resultant stress affected her performance during technical
training and resulted in her involuntary separation. She has
since divorced her husband and respectfully requests a second
chance to complete what she had once started.
In support of her request, the applicant provides an expanded
statement and copies of her DD Form 214, excerpts from her
military personnel records, college transcripts, divorce decree,
and character references.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she enlisted
in the Regular Air Force on 13 Jan 04 in the grade of airman
basic (E-1) for a period of six years.
On 13 May 04, the applicants commander notified her of her
intent to recommend her entry-level separation for entry-level
performance and conduct for her failure to make satisfactory
progress in a required training program. The reason for the
action was the applicants elimination from the Communications-
Computer Systems Operations Apprentice Course due to academic
deficiencies; specifically, for twice failing the Block 2 test
with scores of 58 percent and 40 percent, respectively.
On 13 May 04, the applicant acknowledged receipt of the action,
waived her right to consult with legal counsel, and elected to
not submit statements in her behalf.
On 28 May 04, the case was found to be legally sufficient and
the discharge authority approved the commanders recommendation
on 1 Jun 04. On 8 Jun 04, the applicant was furnished an entry-
level separation with uncharacterized service for entry-level
performance and conduct and was credited with 4 months and
26 days of total active service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, indicating there is no evidence of
an error or injustice. The applicants service characterization
is correct as reflected on her DD Form 214. Airmen are given
entry-level separation with uncharacterized service when
separation is initiated in the first 180 days of continuous
active service. The Department of Defense (DoD) determined it
would be unfair, to the Department or the member, to
characterize a members limited service when such service is
less than 180 days. Therefore, the applicants uncharacterized
service, which resulted in the RE code of 2C, is correct and in
accordance with DoD and Air Force instructions. Although the
applicant states the situation which precipitated her discharge
no longer exists, it does not change the basis for which she was
discharged. There is no evidence of any error or injustice in
the processing of the discharge action. Based on the
documentation on file in the master personnel records, the
discharge; to include the character of service, separation
authority, SPD code, RE code, and narrative reason for
separation; was consistent with the procedural and substantive
requirements of the discharge instruction and was within the
discretion of the discharge authority.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicants request to
change her RE code, indicating there is no evidence of an error
or injustice. The applicants RE code of 2C is required in
accordance with AFI 36-2606, Reenlistments in the US Air Force,
based on her entry-level separation with uncharacterized
service. Although the applicant wants an RE code of
4A (Separated for hardship or dependency reasons), she was not
separated for a hardship and the 4A RE code does not apply.
Additionally, RE codes are prioritized with 2-series RE codes
having priority over 4, 3, or 1-series codes (in that order).
As such, even if the applicant was furnished an entry-level
separation for a hardship condition, she would have still been
issued an RE code of 2C to denote that she was furnished an
entry-level separation.
A complete copy of the AFPC/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 6 May 11 for review and response within 30 days.
As of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
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 injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred in the discharge process. Based on the
evidence of record, it appears the applicants entry-level
separation for her failure to make satisfactory progress in a
required training program was consistent with the substantive
requirements of the discharge instruction and within the
commanders discretionary authority. She has provided no
evidence which would lead us to believe her entry-level
separation with uncharacterized service was improper or contrary
to the provisions of the governing directive, or the RE and SPD
codes issued in conjunction with her entry-level separation,
were erroneous or inappropriately assigned. Therefore, absent
evidence the applicant was not afforded rights to which she was
entitled, there was an abuse of discretionary authority, or
appropriate standards were not applied, we find no basis to
recommend granting the requested relief.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-04219 in Executive Session on 26 Jul 11, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 23 Mar 11.
Exhibit D. Letter, AFPC/DPSOA, dated 15 Apr 11.
Exhibit E. Letter, SAF/MRBR, dated 6 May 11.
Panel Chair
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