RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02577
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Re-entry (RE) code of 2X (1st Term, 2nd Term or Career
AMN Not Selected under Selection Retention Process (SRP)) be
changed to allow him to return to service and finish his term of
service.
2. He be reinstated in the rank/grade of Airman First Class
(A1C), (E-3) and receive all back pay and allowances associated
with that grade.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was an injustice. His commander wrongfully
discharged him for a crime he did not commit. He was under
investigation for sexual assault of another military member but
all charges were dropped when the case ended. His commander
placed him in a double jeopardy situation because he was
charged for the same crime but with a lesser punishment. His
commander gave him a Letter of Reprimand (LOR) and shortly
thereafter added his name to the FY10 Phase II Date of
Separation (DOS) Rollback Program and subsequently discharged
him from active duty.
Item 28 Narrative Reason for Separation on his DD Form 214, Certificate of Discharge or Release from Active Duty should read
Reduction in Force but instead it reads Completion of
Required Active Service. This is wrong since he did not
complete his full term of service.
In support of his request, the applicant provides a personal
statement dated 7 July 2011, his DD Form 214, AF IMT 100, Request and Authorization for Separation, DD Form 2648, Pre-
Separation Counseling Checklist for Active Component Service
Members, AF IMT 1137, Unfavorable Information File Summary, AF
IMT 1058 Unfavorable Information File Action, AF IMT 418, Selective Reenlistment Program Consideration, Letter of
Reprimand dated 25 March 2010, 3AMXS/MXAGW Weapons Load Crew
Chief Memorandum Subject: Referral of Enlisted Performance
Report dated 11 May 2010, AF Form 910, Enlisted Performance
Report (AB thru TSgt) dated 9 Sep 2008 thru 8 May 2010, and
other associated related documents.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on
9 September 2008. He was discharged under the DOS Rollback
Program on 30 June 2010 with an honorable characterization of
service. He was credited with 1 year, 9 months, and 22 days of
active duty service of which 1 year, 4 months and 13 days is
listed as Foreign Service.
The remaining relevant facts pertaining to this application
extracted from the applicants military personnel records are
contained in the letters prepared by the appropriate Air Force
offices of primary responsibility (Exhibits C and D).
Accordingly there is no need to recite these facts in this
Record of Proceedings.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states the DOS rollback
program utilizes the Separation Program Designator (SPD) code
JBK (less than 6 years of active service) or LBK (more than 6
years of active service) with a corresponding narrative reason
for separation of Completion of Required Active Service since
the member is denied further continuation or reenlistment and as
in the applicants case, the DOS/ETS may be involuntarily
accelerated. The involuntary SPD codes of JBK or LBK
(Completion of Required Service) as determined by the Air Force,
also relieved members of recoupment obligation for unserved
portions of bonuses since the members term of service was
involuntarily accelerated.
The applicant did not provide any evidence of an error or
injustice to warrant the requested change to his discharge
characterization. Based on the documentation on file in his
master personnel records, the discharge to include the
characterization of service was consistent with the procedural
and substantive requirements of the discharge manual and was
within the discretion of the discharge authority.
The complete AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states AFI 36-2606, Reenlistments in the United States Air Force states commanders
have selective reenlistment selection or non-selection
authority. The applicant does not provide any evidence of an
error or injustice in reference to his RE code.
The complete 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 10 November 2011 for review and comment within
30 days. As of this date, this office has not received a
response.
________________________________________________________________
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 opinion and recommendation
of the Air Force offices of primary responsibility and adopt
their rationale as the basis for our conclusion that the
applicant has not been the victim 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 this application
BC-2011-02577 in Executive Session on 23 February 2012, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 22 June 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 27 September 2011.
Exhibit D. Letter, AFPC/DPSOA, dated 24 October 2011.
Exhibit E. Letter, SAF/MRBR, dated 10 November 2011.
Panel Chair
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