RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02964
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code 2C Approved Honorable
Involuntary Separation or Entry Level Separation be changed to
1J Eligible to Reenlist-Elected Separation or Discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He wishes to continue serving his country in the Air Force
Reserves component. His discharge code of 2C bars him from
reenlistment into any component of the US Air Force. As a
veteran with an honorable discharge who served and upheld the
Air Force Core Values while on active duty, possessing a
reenlistment code that bars future service is an unjust
condition.
In support of his request, the applicant submits a personal
statement dated 7 July 2010, a copy of the Air Force Central
Adjudication Facility (AFCAF) Denial of Eligibility for Access
to Classified Information and other associated documents.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on
08 December 2009. His commander notified him on 2 May 2011, he
was recommending him for discharge from the Air Force for
Erroneous Enlistment. The commander cited the discovery during
an investigation by the AFCAF that the applicant failed to
report his delinquent debt when he completed the Standard Form
(SF) 86, Questionnaire for National Security Position, on 4
August 2009, as part of his request for entry into the Air
Force. Specifically, the applicant answered no to questions
26(M) and (n). During the security clearance investigation it
was discovered that the applicant had approximately $20,806.00
in delinquent debt, which was contrary to his answers provided
on his SF86.
The applicant acknowledged receipt of the notification of
discharge and was advised of his right to consult counsel and
submit statements on his behalf: he consulted with counsel and
submitted a written statement expressing his desire to be
retained in the Air Force. The base legal office reviewed the
case and found it legally sufficient to support separation.
On 10 May 2011 the discharge authority approved the separation
and directed the applicant be discharged with an honorable
character of service, without probation and rehabilitation. The
applicant was released from active duty on 18 May 2011 by reason
of Erroneous Entry (Other) with a Separation Code of JFC and
a Reenlistment Eligibility (RE) code of 2C. He was credited
with serving 1 year, 5 months, and 11 days of active duty
service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial. DPSOS states airmen are subject
to discharge for erroneous enlistment if: 1) It would not have
occurred had the relevant facts been known by the Air Force and
the eligibility criteria of AFI 36-2002 had been followed; 2) It
was not the result of fraudulent conduct on the part of the
member; and 3) The defect is unchanged in any material respect.
The applicant did not provide any evidence of an error or
injustice to warrant the requested change to his reenlistment
eligibility code. Based on the documentation on file in his
master personnel records, the discharge 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 the applicants RE
Code 2C is required per AFI 36-2606, Reenlistments in the United
States Air Force, chapter 3, based on his involuntary discharge
with honorable character of service. The applicant does not
provide any proof 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 9 December 2011 for review and comment within 30
days. As of this date, this office has received no response.
________________________________________________________________
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 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.
________________________________________________________________
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-2011-02964 in Executive Session on 6 March 2012, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 w/atchs dated 8 July 2011.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 4 October 2011.
Exhibit D. Letter, AFPC/DPSOA, dated 29 November 2011
Exhibit E. Letter, SAF/MRBR, dated 9 December 2011
Panel Chair
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