RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04749
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C (involuntary separation with
honorable discharge) be changed to 1M (eligible to reenlist) so
that he can join the Air Force Reserve.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for being overweight. However, since he is
now below the Air Force maximum weight standards, he would like
the opportunity to return to military service and become
retirement eligible.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 13 March
1992.
On 17 January 1995, the applicants commander notified him that
he was recommending his discharge from the Air Force for his
continued failure in the Weight Management Program (WMP).
On 18 January 1995, the applicant acknowledged receipt of the
action, consulted with legal counsel, and waived his rights to
submit statements in his own behalf.
On 20 January 1995, the case was found legally sufficient and
the discharge authority directed the applicant be furnished an
honorable discharge, without probation and rehabilitation.
On 27 January 1995, the applicant was furnished an honorable
discharge, with a narrative reason for separation of Physical
Standards. He was credited with 2 years, 10 months, and
15 days of total active service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial, indicating there is no evidence of
an error or injustice. The factors considered for the
applicants RE code were his rank, time in service, and reason
for separation. He was discharged for failure in the WMP, which
warranted an involuntary discharge with an honorable character
of service and an RE code of 2C in accordance with AFI 36-2606, Reenlistments in the USAF. While the applicant was also
eligible for the 4E or 3A RE codes based on his administrative
demotion or time in service, respectively, the RE code 2C takes
precedence over the noted codes because only one RE code applies
to a member at a time and in the following priority sequence 2-
Series, 4-Series, 3-Series, and 1-Series.
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 14 December 2012 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 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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion 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 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 this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04749 in Executive Session on 9 July 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 September 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 4 December 2012.
Exhibit D. Letter, SAF/MRBR, dated 14 December 2012.
Panel Chair
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