Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2010-00998
Original file (BC-2010-00998.doc) Auto-classification: Denied

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-00998

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

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 allow him to reenter military service

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been unemployed for five months and  would  like  his  RE  code
changed to allow him to reenter military service.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 22 May 07, the applicant contracted his enlistment in  the  Regular
Air Force.  He served as a services apprentice.

On 1 Nov 07, his commander notified him that he was  recommending  his
discharge from the Air Force for entry level performance and  conduct.
The specific reasons for the discharge action were he  received  three
Records of Individual Counseling  (RIC)  and  a  Letter  of  Reprimand
(LOR).

The  commander  advised  him  of  his  rights  in  this  matter.    He
acknowledged receipt  of  the  notification  of  discharge  and  after
consulting with military legal counsel waived his right  to  submit  a
statement in his own behalf.

The discharge authority directed an entry  level  separation,  without
probation and rehabilitation.  He was discharged  on  15 Nov  07.   He
served 5 months and 24 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS  recommends  denial.   DPSOS  states  that  based  on  the
documentation on file in the applicant’s  master  personnel  records,
the discharge, to include the service characterization and  RE  Code,
was appropriately administered  and  within  the  discretion  of  the
discharge authority.  The applicant did not submit  any  evidence  or
identify any errors or injustices  that  occurred  in  the  discharge
process.  He provided no facts warranting a change to his RE code  or
character of service.

The complete AFPC/DPSOS evaluation is at Exhibit C.

AFPC/DPSOA  recommends  denial.   DPSOA  states  that  based  on  the
applicant’s involuntary entry level separation, the  RE  code  2C  is
appropriate.

The complete AFPC/DPSOA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant
on 30 Nov 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
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 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.

4.  The applicant's 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  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2010-00998 in Executive Session on 11 Jan 11, under the provisions  of
AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Mar 10.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOS, dated 15 Sep 10.
     Exhibit D.  Letter, AFPC/DPSOA, dated 6 Oct 10.
     Exhibit E.  Letter, SAF/MRBR, dated 30 Nov 10.





                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2007 | BC 2007 03767

    Original file (BC 2007 03767.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03767 INDEX CODE: 100.06 COUNSEL: AMERICAN LEGION HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His narrative reason for separation and reentry (RE) codes on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed so that he can serve again in the military. In support of his request,...

  • AF | BCMR | CY2008 | BC-2007-03465

    Original file (BC-2007-03465.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03465 INDEX CODE: 100.06 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) and separation codes be changed to allow his return to the Air Force. Applicant was separated on 7 Aug 07 under the provisions of AFI 36- 3208 (Entry Level Performance and Conduct), with uncharacterized service and...

  • AF | BCMR | CY2010 | BC 2010 02731

    Original file (BC 2010 02731.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02731 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. He has provided no evidence which would lead us to believe his entry level separation was...

  • AF | BCMR | CY2008 | BC-2007-02717

    Original file (BC-2007-02717.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force Discharge Review Board (AFDRB) upgraded his service characterization to honorable, but it was not reflected on his RE code, which he needs changed to enter the Air National Guard (ANG). The applicant has not provided any facts to warrant a change to his discharge or RE code. Exhibit F. Letter, Applicant, not dated.

  • AF | BCMR | CY2010 | BC 2010 02685

    Original file (BC 2010 02685.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02685 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 allow him to reenter the Air National Guard (ANG). DPSOS states the Department of Defense...

  • AF | BCMR | CY2011 | BC-2011-02306

    Original file (BC-2011-02306.txt) Auto-classification: Denied

    Additional relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discharge authority’s discretion. It is noted the applicant desires to serve in the military; however, each component of the military decides what conditions and RE codes they will or will not accept for prior service...

  • AF | BCMR | CY2007 | BC 2007 03352

    Original file (BC 2007 03352.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03352 INDEX CODE: 100.03, 100.06 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His uncharacterized entry-level separation be changed and his reenlistment eligibility (RE) code “2C” be changed so that he may reenlist into the Armed Forces. In support of his application, the applicant has...

  • AF | BCMR | CY2010 | BC-2010-00904

    Original file (BC-2010-00904.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00904 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ 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 allow him to reenter the military. ...

  • AF | BCMR | CY2011 | BC-2010-02590

    Original file (BC-2010-02590.doc) Auto-classification: Denied

    His correct RE code is “2C” (involuntarily separated with an honorable discharge, or entry level separation without characterization of service) based on his receiving an involuntary entry level separation. The applicant has not submitted any evidence or identified any errors or injustices that occurred in the discharge processing. Exhibit B.

  • AF | BCMR | CY2011 | BC-2010-01636

    Original file (BC-2010-01636.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01636 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation “Fraudulent Entry into Military Service” and, his Reenlistment (RE) code “2C” (involuntarily separated with an honorable discharge, or entry level separation without characterization of service) be changed to allow...