ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04378
COUNSEL:
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) code of 2X (First-term, second-term or career
airman considered but not selected for reenlistment under the
Selective Re-enlistment Program (SRP)) be changed.
________________________________________________________________
RESUME OF CASE:
On 23 May 13, the Board considered and denied the applicants
request to change his RE code of 2X (First-term, second-term or
career airman considered but not selected for reenlistment under
the Selective Re-enlistment Program (SRP)) to a code that would
allow him to be appointed an officer. After a thorough review
of the evidence of record and the applicants complete
submission, the Board did not find Counsels arguments or the
documentation presented sufficient to conclude that the
commanders decision to deny the applicant re-enlistment lacked
a sufficient basis. While Counsel argued the commands use of
derogatory information from prior to the applicants most recent
satisfactory enlisted performance report (EPR) was
chronologically dishonest, the Board concluded the commander
acted within his authority and appropriately relied on
derogatory information from any source when he denied the
applicants re-enlistment. Ultimately, the Board was not
convinced the basis for the action was somehow faulty and was
not compelled to substitute its judgment for that of the
commander. For an accounting of the facts and circumstances
surrounding the applicants request, and the rationale of the
earlier decision by the Board, see the Record of Proceedings at
Exhibit F.
By virtue of a letter, dated 22 Jun 13, Counsel requests
reconsideration of the applicants case and argues the Boards
original decision was silent on the fact that the derogatory
documents described in the applicants 7 April 2010 EPR, which
were relied upon by the commander in deciding to deny the
applicant re-enlistment, are missing from the applicants
records. Counsel argues the fact these documents are missing is
evidence of an error or injustice and requests that the Board
address the total absence of any of the derogatory information
referenced in the applicants 7 April 2010 EPR and how the
absence of such is not "proof of and error or injustice."
The applicants complete submission is at Exhibit G.
________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application and the evidence provided
in support of his appeal, we remain unconvinced the applicant
has been a victim of an error or injustice. Counsel argues that
the absence of the documents noted in the commanders decision
to deny the applicant re-enlistment constitutes an error or
injustice. We disagree. Counsel is reminded that the burden of
proof of an error or injustice rests with the applicant and the
mere fact that the applicants record does not contain certain
records is not proof of the existence of an error or injustice.
In this respect, we note that the presumption of regularity
dictates that, absent evidence to the contrary, we must presume
that responsible officials carried out their duties in good
faith and within the limits of the authority conveyed to them.
Consequently, because both the applicants EPR and the AF Form
418 describe the fact the applicant received letters of
reprimand and a no contact order, we must presume these
documents were a matter of record when the EPR was written and
formed a sufficient basis for its referral and the commanders
decision to deny the applicant re-enlistment even though these
documents are not present in the applicants records today.
Therefore, after a thorough review of the totality of the
evidence, 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; 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-2012-04378 in Executive Session on 17 Apr 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04378 was considered:
Exhibit F. Record of Proceedings, dated 6 Jun 13, w/atchs.
Exhibit G. Letter, Applicants Counsel, dated 22 Jun 13.
Panel Chair
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