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Decision Text

AF | BCMR | CY2013 | BC 2012 05583
Original file (BC 2012 05583.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2012-05583
				COUNSEL:  NONE
   				HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry (RE) Code be changed to allow enlistment in the Armed Forces.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is medically qualified for service in the Armed Forces.  He states that he has no issues with coordination or the use of his hands and feet.  His doctor acknowledges mild tremors but states it does not interfere with daily activities.  

In support of his request, the applicant provides extracts from his medical records.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 8 February 2011.  On 24 May 11, he was discharged with an uncharacterized entry-level separation for “Erroneous Enlistment.”  

He received RE Code of 2C which denotes “Involuntary Separated with an Honorable Discharge; or Entry Level Separation without Characterization of Service.”  

He served 3 months and 17 days of active duty.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states that the applicant was notified of the discharge action, waived his rights to consult with legal counsel and submit statements on his behalf.  The discharge, to include the discharge characterization [sic], was within the discretion of the discharge authority and determined legally sufficient.  

The complete DPSOR advisory is at Exhibit C. 

AFPC/DPSOA recommends denial.  DPSOA states that the applicant received the correct RE code based on his entry- level separation with uncharacterized service, after serving 3 months and 17 days.  The applicant did not submit any evidence to indicate there were any errors or injustice in the discharge processing.    

The complete DPSOA advisory is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 22 March 2013 for review and comment within 30 days (Exhibit D).  As of this date, this office has not received a response.

___________________________________ _____________________________

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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations 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 AFBCMR Docket Number BC-2012-05583 in Executive Session on 27 August 2013 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining was considered:

Exhibit A.  DD Form 149, dated 28 November 2012, w/atchs.
Exhibit B.  Applicant’s Military Personnel Records.
Exhibit C.  Letter, AFPC/DPSOR, dated 29 January 2013.
Exhibit D.  Letter, AFPC/DPSOA, dated 5 March 2013.
Exhibit E.  Letter, SAF/MRBR, dated 22 March 2013.




																		Panel Chair

 


 





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