AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00381
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) Code of 2C, on his DD Form 214, Certificate of
Release or Discharge from Active Duty, be changed so he can
apply to the Oregon National Guard.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was voluntary in order to avoid reprisal actions
by his first sergeant. He chose to separate rather than to seek
a discharge hearing board. His separation was fitness related
and the cause of the separation has been remedied. He believes
he can continue to serve in a beneficial manner. To re-enter,
he will have to pass through a Military Entry Processing Station
(MEPS), meaning MEPS will verify his previous physical condition
has been corrected.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 21 Jun 00.
On 27 Jan 09, the applicant’s commander notified him he was
recommending him for discharge. The reason for the action was
failure of the fitness program. The applicant was in the poor
fitness category for a continuous 12-month period. In fact, he
failed the Fitness Assessment 15 times.
On 28 Jan 09, the applicant acknowledged receipt of the action,
indicating he wished to meet a discharge hearing board, would
consult with counsel, and would submit statements on his own
behalf. However, on 21 Apr 09, he chose to waive his previously
requested board after consulting with defense counsel.
On 30 Apr 09, his commander recommended his discharge.
On 5 May 09, the case was reviewed and determined to be legally
sufficient, and the discharge authority directed the applicant
be discharged with an Honorable discharge without probation or
rehabilitation due to failure in the Fitness Program.
On 15 May 09, the applicant was furnished an Honorable Discharge
with a RE Code of 2C, and was credited with 8 years, 10 months,
and 25 days of total active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial with respect to the applicant’s
RE Code indicating there is no evidence of an error or
injustice. He received an RE Code of 2C, “Involuntarily
separated with an honorable discharge, or entry level separation
without character of service.” The RE Code of 2C is required
per AFI 26-2606, Reenlistment in the USAF, Chapter 5, based on
his involuntary discharge. The applicant seems to believe
waiving his right to a discharge review board makes his
involuntary discharge a voluntary discharge; however, that is
not the case, as the applicant was involuntarily separated under
the appropriate administrative guidance.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 18 May 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
2
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error or injustice.
The discharge was consistent with the substantive requirements
of the discharge regulation and within the commander's
discretionary authority for multiple Fitness Assessment
failures. 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 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 the
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00381 in Executive Session on 16 Aug 12, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jan 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 8 May 12.
Exhibit D. Letter, SAF/MRBR, dated 18 May 12.
Panel Chair
Member
Member
Panel Chair
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