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AF | BCMR | CY2012 | BC-2012-00381
Original file (BC-2012-00381.pdf) Auto-classification: Denied
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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